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10,149 vetted Board decisions in 2024.
The Board has remanded the case due to its failure to consider the combined effect of the Veteran's service-connected disabilities in determining whether he is unemployable. The Veteran meets the schedular criteria for a TDIU, but further development is needed to assess his occupational impairment caused by his service-connected conditions.
The Veteran's PTSD with MDD and TBI with vertigo are currently rated at 30 percent from January 23, 2014 to October 30, 2016. The Veteran seeks a higher rating.
The Board remands the claims for service connection for an acquired psychiatric disorder, to include PTSD and entitlement to TDIU due to inadequate VA medical opinions.
The Board has remanded the case due to an incomplete review of the Veteran's reported stressor event. The AOJ is instructed to verify the Veteran's claimed plane crash at Korat Royal Thai Air Force Base and consider records from July 24, 1968, to July 15, 1969.
The Veteran's PTSD symptoms have been found to meet the criteria for a 100% rating since June 30, 2014. The decision also grants SMC at the housebound rate and basic eligibility for DEA.
The Veteran's PTSD symptoms have been rated at 70 percent since August 4, 2020. The rating is granted as the Veteran's impairment more closely approximates occupational and social impairment with deficiencies in most areas.
The appeals for service connection for OSA and tinnitus were dismissed due to not complying with VA's claims processing rules.,A rating in excess of 70 percent for PTSD was denied as the Veteran's symptoms did not meet the criteria for a 100% disability rating.
The Board has determined that the Veteran's PTSD, which was service-connected, substantially and materially contributed to his death from fentanyl and gabapentin toxicity. Service connection for the cause of the Veteran's death is granted.
The Veteran's appeal for a rating in excess of 30 percent for unspecified depressive disorder with PTSD prior to June 23, 2022 is dismissed as the Board has already granted an initial 70% rating effective August 3, 2012.,The appeals for increases in staged ratings for right and left lower extremity radiculopathy are dismissed as the October 2022 decision granting increased ratings did not constitute an initial decision to which the AMA applies.,The appeal for a scar of the posterior trunk is granted with an initial 10% rating throughout the appeal period.
The Veteran is granted an earlier effective date of October 18, 2020 for a 50 percent rating for bilateral flat foot with plantar fasciitis.,An earlier effective date of October 18, 2020 is granted for a 30 percent rating for migraine including migraine variants.,The Veteran's PTSD and major depressive disorder are now rated at 50 percent effective July 13, 2021.
The Veteran's PTSD is rated at 70 percent, but no higher, for the entire period on appeal.
The appeal for PTSD was dismissed because the Veteran already had a pending appeal regarding the same issue at the AOJ.
The Board has determined that the VA examination and evidence of record are insufficient to decide the increased rating claim for PTSD with substance abuse disorder, as there is conflicting information regarding whether the Veteran's hallucinations were resolved or still ongoing during the review period. The TDIU claim is also remanded due to its inextricability from the increased rating claim.
The Veteran's PTSD is rated at a 70 percent disability rating effective September 1, 2019. The appeal for an earlier effective date for the grant of TDIU was denied.
The Veteran's claim for an increased rating for hypertension was denied as the evidence did not show diastolic pressure of predominantly 100 or more, which is required for a compensable rating.,The Veteran's TDIU claim was granted due to his service-connected disabilities meeting the schedular criteria.
The Veteran's TDIU and SMC were granted effective December 30, 2014. The effective date for the PTSD rating was changed from January 28, 2015 to July 15, 2014 due to a CUE in the previous decision.
The Board has granted service connection for tinnitus and restored the Veteran's PTSD rating from 30% to 50%. The reduction in the PTSD rating was found to be improper, and the claim for restoration of the higher rating is now granted.
The Board has decided to remand the case due to a pre-decisional duty to assist error, requiring a new VA medical opinion on the Veteran's claim for service connection for PTSD.
The Veteran's claim for a higher rating for PTSD prior to June 14, 2022 was denied. The Board found that the evidence did not show total occupational and social impairment at any time during this period.,The Veteran's claim seeking an effective date prior to June 14, 2022, for a 100 percent rating for PTSD was also denied. The Board determined it was not factually ascertainable that the Veteran experienced total occupational or social impairment due to his PTSD at any time during this period.
The Board has determined that the Veteran's PTSD does not meet or approximate the criteria for a disability rating in excess of 50 percent. The issues regarding service connection for sleep apnea, dizziness, and heart murmur are remanded.
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