PTSD (post-traumatic stress disorder) decisions — 2023

The Board has remanded several issues related to the Veteran's claims, including service connection for various disabilities and compensation under 38 U.S.C. § 1151 for colon cancer.

The Veteran's PTSD has been granted a 100% rating. The right knee disorder and intervertebral disc syndrome with degenerative disc disease and paraspinous myositis have both been remanded for further evaluation.

The Veteran's claims for a psychiatric disorder, tinnitus, and obstructive sleep apnea have been denied as there is no established service connection due to lack of evidence supporting the claimed conditions.

The Veteran's sarcoidosis has been characterized by symptoms including DLCO SB readings of 47 percent of predicted value, chronic hilar adenopathy, FEV-1/FVC levels of 57, and FEV-1 levels of 68. As of June 17, 2016, the Veteran began experiencing congestive heart failure, which supports a 100% disability rating for sarcoidosis.

The Veteran's claims for service connection for headaches and an increased rating for PTSD are being remanded due to the need for additional medical examinations.

The Board has decided to remand the case due to insufficient evidence regarding the Veteran's claimed psychiatric disabilities, specifically PTSD. The Veteran contends that he experienced personal assaults and abuse during basic training in service which led to his current mental health issues.

The Veteran's PTSD and major depressive disorder have been rated at 70 percent since February 16, 2012. The Board found that the evidence supported a higher rating due to occupational and social impairment with deficiencies in most areas.

The Veteran's appeal for an earlier effective date for the grant of service connection for right lower radiculopathy, sciatic was denied. The Board found that no communication prior to June 14, 2018, reasonably could be interpreted as a request for this condition. Additionally, it is not factually ascertainable that the Veteran had right lower extremity radiculopathy during the period from June 14, 2017, to June 13, 2018, when he filed his claim for an increased rating of lumbar spine disability.

The Veteran's claim for restoration of a 70% rating for PTSD from January 1, 2019 is denied. The issue of a rating evaluation in excess of 10% for PTSD prior to January 1, 2019 is remanded.

The Board denied the Veteran's claims for service connection for an acquired psychiatric disorder other than his already service-connected somatic symptom disorder and specifically denied service connection for PTSD. The Board found that the Veteran's claimed PTSD is part of his service-connected somatic symptom disorder.

The Board has remanded the claim of entitlement to total disability for individual unemployability (TDIU) due to conflicting assertions regarding whether the Veteran requires more time to submit a VA Form 21-8940 and whether it is required at all. Further, a retrospective VA opinion must be obtained that provides an analysis of the Veteran's service-connected disabilities on his employability since June 2000.

The Veteran's TDIU was granted with an effective date of October 21, 2016. The date entitlement arose is within one year prior to the initial application for a TDIU on June 4, 2018.

The Veteran's PTSD is granted as service-connected. The right knee and low back disabilities are remanded for further examination and determination of their etiology.

The Veteran's claim for service connection for PTSD and other mental health conditions was granted, effective from August 5, 2006. The Board also granted an earlier effective date of August 5, 2006, for the grant of service connection for PTSD. Additionally, the Board remanded the issues of TDIU prior to September 4, 2014 and DEA benefits prior to September 4, 2014.

The Veteran's service connection claim for PTSD and major depressive disorder is granted as his diagnosis of PTSD is related to an in-service stressor.

The Board has remanded the case due to the need for a VA examination to determine the nature and etiology of any acquired psychiatric disorder present since August 2016, including whether it is related to service or aggravated by a service-connected disability.

The Board has decided to remand the Veteran's claims for a left knee disorder and an acquired psychiatric disorder due to outstanding medical records during his period of incarceration. The case will be further evaluated by VA examiners.

The Board has remanded the Veteran's claims for a rating in excess of 20 percent prior to March 22, 2017, and a rating in excess of 40 percent on and after March 22, 2017, for lumbar spine intervertebral disc syndrome with degenerative joint disease; and entitlement to a rating in excess of 30 percent for posttraumatic stress disorder (PTSD).

The Veteran's claims for increased ratings for bilateral shin splints and service connection for a psychiatric disability are remanded. The TDIU claim is also remanded due to the need for additional development.

The Board denied service connection for PTSD, back pain, and neck pain due to the lack of a valid in-service stressor and because the Veteran did not timely file a notice of disagreement with respect to these claims.