PTSD VA Claim Grants

Findings of Fact (verbatim from decision)

The evidence is in approximate balance as to whether the Veteran's PTSD with persistent depressive disorder and cannabis use disorder is manifested by total occupational and social impairment.

Findings of Fact (verbatim from decision)

1. Resolving reasonable doubt in the appellant's favor, her OSA is due to her service-connected PTSD. 2. Resolving reasonable doubt in the appellant's favor, her migraines are related to her active duty service.

Reasons & Bases (verbatim from decision)

The appellant served on active duty in the United States Army from April 1974 to April 1977. She is the recipient of the National Defense Service Medal. Procedural History These matters come before the Board of Veterans' Appeals (Board) on appeal from December 2008 and May 2018 rating decisions by Department of Veterans Affairs' (VA) Veterans Benefits Administration, the agency of original jurisdiction (AOJ). The December 2008 rating decision, inter alia, denied entitlement to service connection for headaches. The May 2018 rating decision, inter alia, denied entitlement to service connection for OSA and entitlement to service connection for depression. The claims have an extensive procedural history, including Board remands in November 2015, March 2018, and December 2020, and remands from the United States Court of Appeals for Veterans Claims (CAVC) in September 2017 and July 2020. The matters have returned from the December 2020 Board remand for appellate consideration. Of procedural note, the issue of entitlement to an acquired psychiatric disorder was remanded by the Board in its December 2020 decision. Prior to returning to the Board, a January 2023 rating decision granted entitlement to service connection for acquired psychiatric conditions to include PTSD with a 100 percent disability rating effective January 13, 2017.…

Findings of Fact (verbatim from decision)

1. The Veteran filed a claim for service connection for PTSD on May 1, 2002. 2. In June 2003, the RO denied the Veteran's claim for service connection for PTSD based on a lack of verification of a claimed in-service stressor and a finding that he did not engage in combat with the enemy. The Veteran neither appealed this decision nor submitted new and material evidence within the one-year appeal period. 3.…

Reasons & Bases (verbatim from decision)

The Veteran served on active duty in the Army from December 1968 to November 1970 with service in the Republic of Vietnam. He had additional service in the Army National Guard. This case comes before the Board of Veterans' Appeals (Board) on appeal from a March 2018 rating decision, which awarded service connection for PTSD and assigned a January 14, 2011 effective date. In his August 2018 notice of disagreement (NOD), the Veteran identified the effective date and evaluation of disability as the disputed issues. In February 2020, the Veteran submitted a statement withdrawing the issue of an increased rating, which was effective at the date of receipt by the RO/ Agency of Original Jurisdiction (AOJ). 38 C.F.R. § 19.55. Thus, the March 2020 statement of the case limited the issue on appeal to entitlement to an effective date for service connection for PTSD prior to January 14, 2011. Effective date prior to January 14, 2011 for service connection for PTSD The Veteran appealed the assigned January 14, 2011 effective date for PTSD service connection from the March 2018 rating decision. He contends that an official service department record available at the time of the original denial for PTSD in the June 2003 rating decision existed and that there was sufficient information from his November 2002 statement to identify and obtain this record.…

Findings of Fact (verbatim from decision)

1. The Veteran's acquired psychiatric conditions, to include PTSD, anxiety and depression, are related to military sexual trauma (MST) and other trauma experienced in service. 2. The Veteran's service-connected disabilities have prevented her from obtaining and maintaining employment consistent with her occupational and vocational experience throughout the period on appeal.

Reasons & Bases (verbatim from decision)

The Veteran served on active duty from March 1982 to March 2006. During the Veteran's service she received the following awards and badges: Air Force achievement medal with one oak leaf cluster, Air Force Commendation Medal, Armed Forced Expeditionary Medal, Noncommissioned Officer (NCO) Professional Military Education Ribbon with one oak leaf cluster; National Defense Service Medal with one bronze service star; Air Force Overseas Short Tour Ribbon, Air Force Training Ribbon, Air Force Longevity Service Award with four oak leaf clusters, Air Force Expeditionary Service Ribbon with one oak leaf cluster; Korean Service Medal with one oak leaf cluster; Korean Defense Service Medal; Global War on Terrorism Expeditionary Medal; Global War on Terrorism Service Medal; Air Force Expeditionary Service Ribbon with gold border; Combat Readiness Medal; Air Force Outstanding Unit Award with Valor with six oak left clusters; Air Force Good conduct medal with six oak leaf clusters; and Senior Command and Control Badge. " See July 2015 VA form 21-526b. In determining the scope of a claim, the Board must consider the Veteran's description of the claim, symptoms described, and the information submitted or developed in support of the claim. Clemons v. Shinseki, 23 Vet. App. 1 (2009).…

Findings of Fact (verbatim from decision)

1. On August 1, 2022, prior to the promulgation of a decision in the appeal, the Board of Veterans' Appeals (Board) received notification from the Veteran that a withdrawal of this appeal for the issues of entitlement to service connection for back, headache, sleep, and bilateral foot disabilities, is requested. 2. Resolving all reasonable doubt in the Veteran's favor, the severity, frequency, and duration of the Veteran's symptoms for service-connected PTSD more closely approximated occupational and social impairment with deficiencies in most areas.

Reasons & Bases (verbatim from decision)

The Veteran served on active duty from August 2004 to February 2006 and from August 2008 to November 2009, with additional periods of National Guard duty. These matters come before the Board on appeal from a December 2015 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO), which is the agency of original jurisdiction (AOJ). The December 2015 rating decision granted service connection for adjustment disorder with mixed disturbance of emotion and conduct with an evaluation of 30 percent from May 18, 2014. The December 2015 rating decision also denied service connection, in relevant part, for a sleep disorder, PTSD, a back disability, headaches, and a bilateral foot disability. The Veteran filed a notice of disagreement (NOD) as to these issues in November 2016. In a March 2020 rating decision, the AOJ granted entitlement to service connection for PTSD, combined it with the already service-connected psychiatric disability, and assigned a 100 percent rating from January 15, 2020. A statement of the case (SOC) was issued in March 2020 and the Veteran filed a VA Form 9 in April 2020, requesting a Board videoconference hearing. In August 2022, the Veteran submitted a statement that he would like to formally withdraw his Board appeal and cancel his Board hearing. See August 2022 VA 21-4138, Statement in Support of Claim.…