PTSD VA Claim Grants

Findings of Fact (verbatim from decision)

For the period prior to January 13, 2020, the Veteran's service-connected PTSD with alcohol use disorder, to include TBI, manifested as occupational and social impairment with deficiencies in most areas as a result of psychiatric symptomatology, to include suicidal ideation, persistent and exaggerated negative beliefs, persistent negative emotional state, markedly diminished interest or participation in significant activities, feelings of detachment or estrangement, persistent inability to experience positive emotions, irritability and angry outbursts, recklessness or self-destructive behavior, hypervigilance, heightened sense of arousal, problems with concentration, anxiety, suspiciousness,…

Findings of Fact (verbatim from decision)

1. On May 26, 2026, prior to the promulgation of a decision in this appeal, the Board received notification from the Veteran, through his authorized representative, that a withdrawal of the appeal regarding entitlement to a rating in excess of 20 percent for lumbosacral strain and in excess of 30 percent for GERD is requested. 2. Giving the benefit of the doubt, throughout the entire appeal period, the Veteran's psychiatric symptomology has been productive of total occupational and social impairment. 3. The award of a rating of 100 percent for PTSD throughout the claim period renders the issue of entitlement to a TDIU moot.

Reasons & Bases (verbatim excerpts from decision)

3. Entitlement to an increased rating for PTSD. […] The Board notes that the appeal period for this rating claim starts from November 21, 2011, the date that the Veteran filed his service connection claim, to the present date and that the Veteran has been in continuous pursuit of this claim. However, the Veteran's representative has argued that the PTSD resulted in the Veteran leaving the workforce on November 1, 2013 and as such, the appeal of the rating assigned prior to November 2013 should be treated as having been withdrawn. Based on this information, the Board finds that the appropriate appeal period for this claim is November 1, 2013 to the present date and will focus on this time period in order to the determine the severity of the Veteran's PTSD. […] The Veteran underwent a second VA examination in November 2021. He was diagnosed with PTSD, autism spectrum disorder, attention deficit hyperactivity disorder (ADHD), and math learning disorder. The examiner noted the Veteran's report of financial stressors and being bored during the day due to the lack of employment. The Veteran also reported a depressed mood, feeling hopeless at times, not having a lot of energy or motivation, having poor concentration and memory, experiencing excessive worry/anxiety, irritability, and exaggerated startle response.

Findings of Fact (verbatim from decision)

1. The Veteran's left eye retinal detachment had its onset during active duty service. 2. The Veteran has credibly shown that he submitted his initial formal claim for service connection for PTSD, posttraumatic headaches, tinnitus, and asthma on March 10, 2015.

Reasons & Bases (verbatim excerpts from decision)

In a December 2017 statement in support of his claim for PTSD, the Veteran reported that while on a patrol in the United Arab Emirates in May 2013, the Humvee in which he was riding got stuck and almost rolled over into the sand dunes. He stated that he was sitting in the turret as a gunner and his head got hit on the Humvee frame while pulling out. He indicated that he had no external injury from this incident besides a headache and pain in his head, though he was later told by a VA eye doctor that he had had a detached retina for months prior to his December 2013 appointment. […] The Veteran credibly contends, and has consistently contended since at least October 2015, that he filed his initial claim for service connection for PTSD, headaches, tinnitus, and asthma on March 10, 2015, and that through no fault of his own, the paperwork was accidentally destroyed by the USPS while in transit to VA. His representative has submitted what documentation is available to him in support of this argument, which corroborates the Veteran's competent report and that the Board finds credible. In light of the foregoing, because the evidence supports the Veteran's claims, the Board finds that an effective date of March 10, 2015, is warranted for the awards of service connection for PTSD, post-traumatic headaches, tinnitus, and asthma.

Findings of Fact (verbatim from decision)

1. The evidence reflects that the Veteran's TBI residuals include moderate impairment of visual spatial orientation. The Veteran's visual spatial impairment are not compensated by any of the Veteran's current ratings, including his rating for PTSD with TBI residuals under the code for PTSD (DC 9411). 2. The evidence reflects that the Veteran's PTSD symptoms produced total occupational and social impairment.

Reasons & Bases (verbatim excerpts from decision)

The Veteran contends that his TBI residuals warrant a separate rating for those which are not compensated by his PTSD rating. The Board notes the Veteran is separately rated for his migraines, including migraine variants and post concussive headaches due to TBI and for obstructive sleep apnea due to TBI. See January 2026 Rating Decision - Codesheet. […] The October 2018 and May 2025 TBI examination notes specifically that the Veteran has mildly impaired visual spatial orientation due to getting lost easily, forgetting directions, inability to drive on freeways, visual spatial deficits, and inability to recognize proper distance. The January 2018 examination found the Veteran has mild impairment of visual spatial orientation due to running into things. The February 2026 VA examiner indicated the overlapping symptoms between the Veteran's PTSD and TBI were memory issues, headaches, insomnia, and mental health. The Board finds that none of those incorporate the impaired visual spatial orientation symptoms noted in the TBI examinations as such were not delineated in the PTSD examinations. […] The Board finds that a persuasive weight of the evidence is in favor of a rating in excess of 70 percent, the benefit of the doubt doctrine does not apply, and the claim for a 100 percent rating for PTSD with TBI residuals is warranted.

Findings of Fact (verbatim from decision)

1. After resolving all reasonable doubt in the Veteran's favor, he requires aid and attendance of another person on a regular basis due to his service-connected disabilities. 2. The Veteran requires regular aid and attendance due solely to his service-connected CAD. 3. After resolving all reasonable doubt in the Veteran's favor, he requires regular aid and attendance due solely to his service-connected PTSD. 4. The Veteran has disabilities which entitle him to two distinct SMC(l) awards, without consideration of any condition twice. 5. The Veteran is entitled to SMC(r)(1) based on entitlement to the maximum rate under subsection (o) and the need for regular aid and attendance.

Reasons & Bases (verbatim excerpts from decision)

The Board finds the October 2025 VA examination inadequate as the examiner did not consider and discuss all of the Veteran's service-connected disabilities. Significantly, the VA examiner did not address the impact of the Veteran's PTSD, migraines, bilateral hearing loss, diabetes, and tinnitus on his activities of daily living. In addition, although the VA examiner noted that the Veteran's CAD and prostate cancer, are permanent and totally disabling, the examiner did not address how these disabilities impact the Veteran's activities of daily living. Instead, the VA examiner noted the effects of his nonservice-connected left knee and right shoulder disabilities on his ability to perform activities of daily living. As such, the Board finds the August 2025 VA examination inadequate and affords it no probative weight. […] The Veteran's attorney contends that the Veteran is entitled to separate SMC(l) ratings for CAD and PTSD, SMC(o), and SMC(r)(2). See February 2026 Appellant brief. […] Entitlement to SMC(l) due solely to PTSD. […] Based on the foregoing, after resolving all reasonable doubt in the Veteran's favor, the Board finds that his service-connected PTSD solely renders him so helpless as to need regular aid and attendance. As such, a separate SMC(l) rating for PTSD is granted.