BVA Case 11-2762: Ptsd

Panter ,appeals an August 10,2011, Board of Veterans'Appeals (Board)decision in which the Board denied him entitlement to (1)a disability rating in excess of 50%for post-traumatic stress disorder (PTSD)for the period prior to November 30,2010;(2)a disability rating in excess of 30% for PTSD for the period after November 30,2010;and (3)a total disability rating based on individual unemployability (TDIU).

In April 1976,the Board denied the appellant entitlement to disability benefits for anxiety with depression.

In May 1978, the Board denied the appellant entitlement to disability benefits for a nervous disability.

The Board determined that its April 1976 decision was final,and that the record did not present a new factual basis to reopen the claim.

In April 2003,the Board found that new and material evidence sufficient to reopen the appellant's claim for disability benefits for an acquired psychiatric disorder had not been submitted.

The Board found that the March 2006 VA medical examination report and May 2006 VA treatment note indicate that the appellant is entitled to a disability rating of 50%,but no higher,for the period prior to November 30,2010.

The Board found,based largely on the November 30, 2010,VA medical examination report, that a 30%disability rating adequately reflects the level of severity of his PTSD,from November 30,2010.

Regarding TDIU,the Board found that the preponderance of the evidence indicates that the [appellant]is not precluded from working due to his service-connected disabilities.