BVA Case 99-132: Ptsd

In May 1970, a VA regional office (VARO) determined that the appellant's schizophrenia was not related to his military service.

Regarding his claim for an earlier effective date for PTSD, the Board found that the appellant had a pending and unadjudicated claim for a nervous condition which would include a claim for PTSD since January 1972.

Nonetheless, the Board determined that the VARO did not receive evidence which established that the appellant's nervous disorder was related to his military service until 1992, when he filed his claim for compensation for PTSD.

Under the old criteria, the Board concluded: "Although there is a conflict in the evidence, the preponderance of the evidence tends to establish that the manifestations are subject to periods of acute exacerbation, which the [sic] diminish and that overall, the impairment is no more than definite.

Under the new criteria, the Board concluded: "Here again, the medical records provide a preponderance of the evidence showing that while there may be occupational and social impairment with occasional decrease in work efficiency and intermittent periods of inability to perform occupational tasks, the veteran is generally functioning satisfactorily.

Increased Disability Rating The Board's decision regarding the degree of disability under the rating schedule is a finding of fact subject to the "clearly erroneous" standard of review.

In this case, the Board determined that neither the old nor the new regulations were more favorable, as under both sets of regulations, the appellant was not entitled to a disability rating higher than 30%.

Reviewing the matter under the old regulations, the Board noted that the appellant's PTSD symptomatology "tends to establish that the manifestations are subject to periods of acute exacerbation, which the [sic] diminish and that overall, the impairment is no more than definite.