PTSD (post-traumatic stress disorder) decisions — 2023

The Veteran's claim for a TDIU prior to April 11, 2019 is being remanded due to the AOJ not complying with the Board's directives and providing incomplete evaluations. The AOJ needs to provide new assessments from examiners that consider the impact of his service-connected disabilities on his industrial functioning.

The Veteran's appeals for service connection for GERD and a cardiovascular disability were dismissed due to withdrawal of the appeals.,Service connection was granted for tinnitus, sinusitis, PTSD, and migraine headaches, residual of TBI. Effective dates prior to July 16, 2018, are denied.

The Board has remanded the Veteran's claims for an initial rating in excess of 50 percent prior to March 23, 2018, and a total disability evaluation based on individual unemployability prior to March 23, 2018, due to outstanding evidence that needs to be obtained.

The Board has remanded the Veteran's claims for a higher rating for PTSD with major depressive disorder and for TDIU due to service-connected disabilities. The issues are being remanded because of the need for new VA examinations.

The Veteran's claims for service connection for hearing loss, tinnitus, diabetes mellitus, hypertension, PTSD, and sleep apnea have been denied. The evidence does not support a finding that any of these conditions were incurred or aggravated during active duty.,There is no credible evidence linking the current disabilities to in-service noise exposure or other events.

The Veteran's appeal is remanded for additional development regarding service connection for a bilateral hand disorder, higher ratings for the left elbow disability and PTSD, and an increase rating period for migraine headaches.

The Veteran's PTSD rating is being remanded due to the need for additional development, including obtaining treatment records from his treating physician.

The Veteran's service connection for persistent depressive disorder and PTSD was granted with a 100% rating effective June 18, 2019. The effective date is based on the date of receipt of his Intent to File.

The appeal with respect to the Veteran's TDIU claim from December 12, 2002, to March 28, 2015, is dismissed. The issue of entitlement to a TDIU prior to December 12, 2002, is remanded due to insufficient evidence regarding the Veteran's employment status and income during that period.

The Board denied the Veteran's request for an earlier effective date for a 70 percent rating for PTSD, finding that the evidence did not show an increase in disability prior to December 2022.

The Veteran's TDIU claim is remanded due to a duty to assist error. A new opinion is needed to assess the combined effect of his service-connected disabilities on his employment.

The Veteran's claim for an increased rating for PTSD and service connection for hypertension was initially decided in the April 2023 rating decision. The Appellant is not eligible to receive attorney fees based on past-due benefits awarded due to the initial nature of the claims, as attorneys may only charge for representation after an initial AOJ decision.

The Board has remanded the claims for service connection for PTSD and Persistent Depressive Disorder due to a failure to obtain verification of in-service stressors and to provide a VA examination.

The Veteran was granted a TDIU effective August 10, 2010, and basic eligibility to DEA benefits effective March 27, 2018. SMC based on housebound status was also granted effective July 31, 2018.,The Veteran's service-connected PTSD alone supports the assignment of a TDIU, effective August 10, 2010.

The Board has decided to remand the claims for service connection due to issues with character of discharge and other medical conditions. The specific reasons will be addressed by the AOJ in their further review.

The Board has decided that the Veteran's claim for service connection for PTSD should be remanded due to insufficient evidence regarding his claimed stressors during service.

The Board has remanded the claims for service connection due to a duty to assist error, including failing to obtain VA examinations and verify exposure to Agent Orange. The Veteran's rheumatoid arthritis may be related to his service, particularly if he was exposed to Agent Orange. His acquired psychiatric disorder is also related to service.

The rating reduction for the Veteran's PTSD from a 70 percent rating to a 50 percent rating effective December 1, 2019 was improper. The 70 percent rating is restored as of that date.

The Veteran's claims for PTSD, sleep apnea, and low back condition have been reopened due to the submission of new and relevant evidence. The Board finds that his current obstructive sleep apnea is related to service, while his acquired psychiatric disorder and low back condition are not related to service.

The Board has dismissed the appeal regarding entitlement to service connection for posttraumatic stress disorder and acid reflux (GERD) as the appellant requested a withdrawal of the appeal.