PTSD (post-traumatic stress disorder) decisions — 2024

The Veteran's service-connected disabilities, including PTSD and diabetes-related neuropathies, rendered him unable to secure or maintain substantially gainful employment. The Board granted TDIU for the period prior to August 30, 2022, and Special Monthly Compensation at the housebound rate for that same period. For the period beginning on August 30, 2022, the Veteran's 100% schedular rating was upheld.

The Board has determined that additional development is required for the Veteran's claims of service connection for an acquired psychiatric disorder, diabetes mellitus, chronic kidney disease, and a heart condition. The case will be remanded to obtain SSA records, VA medical opinions, and toxic exposure risk activity (TERA) opinions.

The Veteran's PTSD symptoms have been rated at 70 percent since December 18, 2016. The rating will be reconsidered as the claim is remanded.

The Board has remanded the claims for service connection due to receipt of additional VA clinical documentation that was not initially considered. The Veteran must waive Agency of Original Jurisdiction review or it will be assumed he does not wish to do so.

The Board denied the Veteran's claim for a total disability rating based on individual unemployability (TDIU) due to his service-connected disabilities of PTSD, bilateral hearing loss, and bilateral tinnitus. The Board found that the Veteran had the physical ability to perform the required activities but was unable to secure or maintain substantially gainful employment.

The Veteran's PTSD is granted, with a separate rating of 10 percent for right knee instability effective from September 29, 2014.,Right knee joint osteoarthritis receives a 10 percent evaluation as of September 29, 2014.

The Veteran's right hand calluses are denied as there is no evidence of chronicity of care for his right hand friction burn, and the VA opinions found that it is less likely than not that the current right hand calluses were caused by service. The left ear hearing loss is also denied as the auditory thresholds in both ears did not meet the criteria for a disability.,The Veteran's neck condition, memory loss due to traumatic brain injury, ulnar nerve condition, left hand and right hand nerve conditions, acquired psychiatric disorder (including PTSD), bilateral flat feet and bunions, bilateral hallux valgus/bunions, and bilateral hammer toes are all remanded as further development is needed.

The Veteran's acquired psychiatric disorder, including PTSD and other specified trauma and stressor related disorder, is granted with a 30 percent rating prior to May 23, 2014. From that date, the claim for an increased rating remains pending.

The Board has determined that the Veteran's acquired psychiatric disorder, to include PTSD, is at least as likely as not related to military service and grants service connection for this condition.

The Board granted a 60 percent disability rating for the Veteran's cystic lesion left knee with status post rupture of left patellar tendon (post left total knee replacement) and remanded other claims.

The Board granted initial disability ratings of 40 percent for right upper extremity diabetic peripheral neuropathy and 30 percent for left upper extremity diabetic peripheral neuropathy, but denied higher ratings for the lower extremities and a compensable rating for hypertension. The Board also denied an increased rating for the acquired psychiatric disorder from September 17, 2021, and granted TDIU from September 4, 2014 to June 29, 2015.

The Veteran's appeals for PTSD, a higher rating for PTSD, and Sleep Apnea have been dismissed due to his death.

The Veteran's claim for an effective date prior to May 27, 2022, for the award of service connection for PTSD is denied. The August 2013 rating decision denying service connection for PTSD became final as the Veteran did not file a notice of disagreement or submit new and material evidence within one year.

The Veteran's appeal for an increased rating for PTSD with major depressive disorder and cannabis use disorder was denied. The Board found that the evidence did not show total occupational and social impairment, warranting a higher rating. The case is remanded to determine if service connection for obstructive sleep apnea can be granted as secondary to his service-connected disabilities.

The Board remands the claim for service connection for any psychiatric disorder, to include major depressive disorder (MDD) and posttraumatic stress disorder (PTSD), due to a need to verify in-service stressors.

The Board denied the Veteran's claim for revision of the September 2016 rating decision, which assigned an effective date of December 20, 2010, for service connection for PTSD on the basis of clear and unmistakable error (CUE).

The appeal is dismissed as the May 2024 rating decision did not address the issue of service connection for depression and PTSD, but deferred adjudication due to a duty-to-assist error.

The appeal for a rating in excess of 50 percent for PTSD is dismissed as the Board's decision has already addressed this issue and assigned a 50 percent rating effective April 30, 2019.

The reduction in rating for TBI from 70% to 0% and combination of the separate ratings for TBI and PTSD, effective March 1, 2022, was improper. The Veteran's TBI symptoms have not improved to warrant a reduction.,Entitlement to a higher rating for PTSD is denied.

The Board is remanding the case to determine if the appellant's character of discharge should be considered a bar to VA benefits, including healthcare under Chapter 17. The Board also needs to review whether the appellant was insane at the time of his misconduct.