Citation Nr: A25035330
Decision Date: 04/16/25	Archive Date: 04/16/25

DOCKET NO. 241228-496002
DATE: April 16, 2025

ORDER

An initial disability rating in excess of 30 percent for posttraumatic stress disorder (PTSD) is denied.

FINDING OF FACT

The Veteran's service-connected PTSD is manifested by occupational and social impairment with occasional decrease in work efficiency and intermittent periods of inability to perform occupational tasks; occupational and social impairment with reduced reliability and productivity has not been shown.

CONCLUSION OF LAW

The criteria for an initial disability rating in excess of 30 percent for PTSD has not been met. 38 U.S.C. §§ 1155, 5107; 38 C.F.R. § 4.130, Diagnostic Code (DC) 9411.

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REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty from April 1968 to March 1970. His military awards and decorations include the Purple Heart and Combat Infantryman Badge.

This matter is before the Board of Veterans' Appeals (Board) on appeal from a December 2023 Appeals Modernization Act (AMA) rating decision by the Department of Veterans Affairs (VA) Regional Office (RO) continuing an initial 30 percent disability rating for PTSD. The December 2023 rating decision was a higher-level review of an earlier October 2022 rating decision, which granted service connection for PTSD, rated 30 percent, effective June 8, 2022.

In December 2024, the Veteran submitted a VA Form 10182, Decision Review Request: Board Appeal (Notice of Disagreement). The Veteran elected the Evidence Review docket. 

As this is an AMA appeal on the Evidence Review docket, and the rating decision on appeal is a higher-level review, the Board may only consider the evidence of record at the time of the October 2022 agency of original jurisdiction (AOJ) decision, as well as any evidence submitted by the Veteran, or his attorney, with, or within 90 days from receipt of, the December 2024 VA Form 10182, which was March 28, 2025. 38 C.F.R. § 20.303. If evidence was submitted either (1) during the period after the AOJ issued the October 2022 rating decision but prior to the date the Board received the December 2024 Notice of Disagreement, or (2) more than 90 days following the date the Board received the December 2024 Notice of Disagreement, the Board did not consider it in its decision. 38 C.F.R. §§ 20.300, 20.303, 20.801.  

If the Veteran would like VA to consider any evidence that was submitted that the Board could not consider, the Veteran may file a Supplemental Claim (VA Form 20-0995) and submit or identify this evidence. 38 C.F.R. § 3.2501. If the evidence is new and relevant, VA will issue another decision on the claims, considering the new evidence in addition to the evidence previously considered. Id. Specific instructions for filing a Supplemental Claim are included with this decision. 

INCREASED RATINGS

Entitlement to an initial disability rating in excess of 30 percent for PTSD.

Disability ratings are determined by applying the criteria set forth in VA's Schedule for Rating Disabilities. Ratings are based on the average impairment of earning capacity. Individual disabilities are assigned separate diagnostic codes. See 38 U.S.C. § 1155; 38 C.F.R. § 4.1. Where entitlement to compensation has already been established and an increase in the disability rating is at issue, the present level of disability is of primary importance. Francisco v. Brown, 7 Vet. App. 55, 58 (1994).

Where there is a question as to which of two evaluations shall be applied, the higher evaluation will be assigned if the disability picture more nearly approximates the criteria required for that rating; otherwise, the lower rating will be assigned. See 38 C.F.R. § 4.7. Staged ratings are, however, appropriate for an increased rating claim when the factual findings show distinct time periods where the service-connected disability exhibits symptoms that would warrant different ratings.

After careful consideration of the evidence, any reasonable doubt remaining is resolved in favor of the Veteran. 38 C.F.R. § 4.3. Pertinent regulations do not require that all cases show all findings specified by the Rating Schedule, but that findings sufficiently characteristic to identify the disease and the resulting disability and, above all, coordination of rating with impairment of function, will be expected in all cases. 38 C.F.R. § 4.21.

Legal Basis

The Veteran is seeking an initial evaluation in excess of 30 percent for PTSD. The Veteran's PTSD is rated under the General Rating Formula for Mental Disorders. Under the General Rating Formula for Mental Disorders, a 30 percent rating is assigned for occupational and social impairment with occasional decrease in work efficiency and intermittent periods of inability to perform occupational tasks (although generally functioning satisfactorily, with routine behavior, self-care, and conversation normal), due to such symptoms as: depressed mood, anxiety, suspiciousness, panic attacks (weekly or less often), chronic sleep impairment, mild memory loss (such as forgetting names, directions, recent events). 38 C.F.R. § 4.130, DC 9411.

A 50 percent rating is warranted for occupational and social impairment with reduced reliability and productivity due to such symptoms as: flattened affect; circumstantial, circumlocutory, or stereotyped speech; panic attacks more than once a week; difficulty in understanding complex commands; impairment of short-term and long-term memory (e.g., retention of only highly learned material, forgetting to complete tasks); impaired judgment; impaired abstract thinking; disturbances of motivation and mood; difficulty in establishing and maintaining effective work and social relationships. Id.

A 70 percent rating is warranted for occupational and social impairment, with deficiencies in most areas, such as work, school, family relations, judgment, thinking, or mood, due to such symptoms as: suicidal ideation; obsessional rituals which interfere with routine activities; speech intermittently illogical, obscure, or irrelevant; near-continuous panic or depression affection the ability to function independently, appropriately and effectively; impaired impulse control (such as unprovoked irritability with periods of violence); spatial disorientation; neglect of personal appearance and hygiene; difficulty in adapting to stressful circumstances (including work or a worklike setting); inability to establish and maintain effective relationships. Id.

The maximum 100 percent rating is warranted for total occupational and social impairment, due to such symptoms as: gross impairment in thought processes or communication; persistent delusions or hallucinations; grossly inappropriate behavior; persistent danger of hurting self or others; intermittent inability to perform activities of daily living (including maintenance of minimal person hygiene); disorientation to time or place; memory loss for names of close relatives, own occupation, or own name. Id.

The U.S. Court of Appeals for the Federal Circuit has noted the "symptom-driven nature" of the General Rating Formula and that "a Veteran may only qualify for a given disability rating under § 4.130 by demonstrating the particular symptoms associated with that percentage, or others of similar severity, frequency, and duration." Vasquez-Claudio v. Shinseki, 713 F.3d 112, 116 (Fed. Cir. 2013). The Federal Circuit has explained that "symptomatology should be the fact-finder's primary focus when deciding entitlement to a given disability rating." Id. at 117.

Further, when evaluating a mental disorder, the Board must consider the "frequency, severity, and duration of psychiatric symptoms, the length of remissions, and the Veteran's capacity for adjustment during periods of remission." 38 C.F.R. § 4.126(a). The Board must also "assign an evaluation based on all the evidence of record that bears on occupational and social impairment rather than solely on the examiner's assessment of the level of disability at the moment of examination." Id. 

Factual Background

In September 2021, the Veteran called VA and requested an initial evaluation for help with PTSD, noting that he had not been diagnosed but believed that he had PTSD. The Veteran denied having previous mental health care. He reported he was having mood swings, including sudden bursts of anger, although he denied violence. He endorsed having persistent and severe nightmares, and thrashing in his sleep, noting that his wife had stopped sleeping in the same bed as him due to these issues. See September 2021 VA Mental Health Telephone Triage Note.

In December 2021, the Veteran was seen for an initial mental health evaluation. The Veteran reported difficulties with symptoms related to PTSD and nightmares, noting that he had a significant number of nightmares per week, but would sporadically have a week with a single nightmare. He described thrashing in his sleep, and once hitting his wife, who had moved out of the bedroom. The Veteran reported that his nightmares began after his discharge from the military, and they had similar themes. As a result of these nightmares, the Veteran was only able to sleep five to six hours each night with less than two hours of uninterrupted sleep a night. The Veteran reported that he was quick to anger which led him sometimes to shout and yell at his wife during arguments. He shared that he had "isolated quite a bit," especially due the pandemic which made him fearful. Although he attempted to stay engaged with friends, he reported not going out as much as usual. The Veteran reported being easily startled by loud noises, such as when an engine backfired or when something dropped. He got "the shivers" when discussing Vietnam, noting as such during his intake. He also reported engaging in avoidance behaviors, noting that he "[would not] watch war movies" and avoided conversations related to Vietnam. The VA mental health professional noted that the Veteran exhibited appropriate grooming. Moreover, the Veteran was cooperative with the VA mental health provider, was alert and attentive, and his memory, concentration, and attention were unimpaired. The Veteran's speech was coherent, his affect was appropriate, and his mood was depressed as he was tearful when discussing Vietnam. The Veteran had no hallucinations and his though process was linear and goal directed. He denied suicidal or homicidal ideation, delusions, and auditory verbal hallucinations. The Veteran was aware of his disorder. The Veteran noted that he "[drank] too much" (four to five drinks per day) and that he used alcohol to feel better. See December 2021 VA Initial Mental Health Note.

In January 2022, the Veteran was seen in order to engage in treatment planning. The Veteran's two concerns were his trouble sleeping and his irritability. The Veteran explained that nightmares and agitation in his sleep had worsened to such a degree that approximately 10 months ago prior to this appointment his wife started sleeping in another room. These nightmares occurred with inconsistent frequency, but they were of a similar subject matter. The Veteran noted that falling asleep was not difficult, but he could only stay asleep for at most two hours. Regarding his irritability and anger, the Veteran noted he never had them "turned off" after his time in Vietnam; he was easily angered. The Veteran acknowledged sometimes having memories of Vietnam during the day; these memories sometimes caused him to be "frozen." The Veteran also discussed his drinking habits. He noted that he drank too much (four to five drinks a day), and that he used alcohol as an "escape." The VA mental health professional noted that the Veteran's thought content was organized and goal directed, his speech was coherent and unimpaired, his affect was appropriate and unremarkable, his mood was normal, he exhibited no psychotic symptoms such as hallucinations or delusions, and he exhibited no evidence of excessive agitation or restlessness. See January 2022 VA Mental Health Note. 

The Veteran was seen for two psychiatric appointments in January 2022. In the first, a VA mental health professional noted that the Veteran appeared his age and exhibited appropriate hygiene. Moreover, the Veteran was cooperative with the VA mental health provider, provided direct eye contact, and normal or slightly reduced psychomotor activity. The Veteran's speech was of a normal rate, normal volume, soft tone with limited modulation, normal articulation, and normal latency. His mood was somewhat depressed with some irritability. His affect was of a constricted or reserved range and reactivity. His thought process was linear and coherent, and he provided limited detail. The Veteran denied suicidal or homicidal ideation, delusions, and auditory verbal hallucinations. The Veteran was alert and oriented, his memory was intact, and his attention, insight, and judgment all were deemed fair. The Veteran noted that he had lowered his drinking to one to two drinks per night after starting mental health treatment, but he acknowledged that his drinking had gotten "out of hand" in 2021. See January 2022 First VA Psychiatry Note. In the second psychiatric appointment, a VA mental health professional noted that the Veteran appeared his age and exhibited appropriate hygiene. Moreover, the Veteran was cooperative with the VA mental health provider, provided direct eye contact, and had slightly reduced or tense psychomotor activity. The Veteran's speech was of a normal rate, normal volume, soft tone, normal articulation, and normal latency. His mood was depressed. His affect was of a constricted range and reactivity, yet he came across warmly. His thought process was linear and coherent. The Veteran denied suicidal or homicidal ideation, delusions, and auditory verbal hallucinations. The Veteran was alert and oriented, his memory was intact, and his attention, insight, and judgment all were deemed fair. See January 2022 Second VA Psychiatry Note.

The Veteran was seen for a psychiatric appointment in March 2022. The VA mental health professional noted that the Veteran appeared his age and exhibited appropriate hygiene. Moreover, the Veteran was cooperative with the VA mental health provider, provided direct eye contact, and normal or slightly reduced psychomotor activity. The Veteran's speech was of a normal rate, normal volume, warm in tone but with limited modulation, normal articulation, and normal latency. His mood was anxious with some irritability. His affect was of a constricted range and reactivity. His thought process was linear and coherent, and he provided limited detail. The Veteran denied suicidal or homicidal ideation, delusions, and auditory verbal hallucinations. The Veteran was alert and oriented, his memory was intact, and his attention, insight, and judgment all were deemed fair. See March 2022 VA Psychiatry Note.

In July 2022, and in support of his service connection claim, the Veteran submitted a VA Form 21-0781a, Statement in Support of Claim for PTSD Secondary to Personal Assault, wherein he described his in-service stressor incidents and his claimed symptoms. His claimed symptoms included the following: persistent and frequent nightmares about the stressor incidents which had caused a lack of sleep and "acting out events during sleep" which had caused his wife to move out of their bedroom, an increased disregard for military or civilian authority, unexplained social behavior changes including "instant anger" and mood swings, shame, episodes of depression, panic attacks, or anxiety without an identifiable cause, obsessive behaviors, an increased use of prescription medications or over-the-counter medications, alcohol abuse, hypervigilance with a heightened fight or flight response, and an increased fear of surroundings with an inability to go to certain areas. See July 2022 Statement in Support of Claim for PTSD.

In July 2022, the Veteran submitted a letter in support of his claim for PTSD. There, the Veteran recounted multiple instances in which he witnessed the death and wounding of his fellow servicemembers, and he also recounted how it came to be that he was wounded during service. The Veteran expressed his dismay at these events and his struggles with them stretching to the present, including suffering from recurring nightmares of his in-service experiences and from "violently fighting while asleep." The Veteran reveals that a "VA rep" once set the Veteran up with an appointment to review his disabilities, but that he was advised to tell the doctor that he "had learned to live with" psychological issues. The Veteran felt that he "was lied to." See July 2022 Letter from Veteran.

In July 2022, the Veteran's wife also submitted a letter in support of the Veteran's claim for PTSD. She wrote of the psychiatric symptoms she had witnessed ever since the Veteran returned from combat in Vietnam. She noted that the Veteran's "symptoms [had] worsened over the past several years to the point that he [fought] with his demons in the night" in that he thrashed in bed and, on at least one occasion, had hurt her while sleeping. The Veteran's wife had been sleeping in another room to avoid another incident. She noted that the Veteran had "awakened crying out many times and it [was] frustrating for both of [them] that these hauntings continue[d]." She noted that the Veteran felt his psychiatric appointments had brought back many memories he had hoped to forget, that he "[felt] a deep responsibility for" the loss of life of those under his command in Vietnam and he "[could not] get over [those] feelings of failure." He also felt "betrayed" by the advice offered from "the local VA vet center." See July 2022 Wife Lay Statement. 

In August 2022, the Veteran was afforded a VA initial PTSD examination. After reviewing the Veteran's records and an examination of the Veteran, the VA examiner diagnosed PTSD. The VA examiner opined that the Veteran's PTSD caused occupational and social impairment due to mild or transient symptoms which decrease work efficiency and ability to perform occupational tasks only during period of significant stress, or symptoms controlled by medication. The Veteran's PTSD symptoms consisted of anxiety, suspiciousness, and chronic sleep impairment. The Veteran declined having any suicidal thoughts or ideation, and he denied exhibiting any suicidal behavior. The Veteran also denied a significantly depressed mood. See August 2022 Initial VA PTSD Disability Benefits Questionnaire (DBQ).

As of the day of the VA examination, the Veteran had been married to his wife for 54 years. Although the Veteran reported that his wife had been sleeping in a separate room for three years due to his "tendency to move/thrash in his sleep," he also reported the pair generally got along well. The Veteran and his wife had two adult daughters and four grandchildren, and the Veteran described his relationship with them in positive terms. The Veteran also reported having friends throughout his life, one of whom the Veteran felt he might discuss personal issues with. After service, the Veteran reported working multiple jobs throughout a 41-year career at the same paper manufacturing company. He retired in 2007 after the mill was shut down. He presently enjoyed doing woodwork, playing golf, fishing, and doing projects around the house. Id.

The VA examiner noted that the Veteran appeared his age, was adequately groomed, and was casually dressed. The Veteran was cooperative, his eye contact was good, and his speech was of a normal rate and volume. His mood was normal, and his affect was congruent and appropriate. He was fully alert and oriented, his thought processes were linear, his judgment and insight appeared intact, his intellectual ability appeared average, and there was no evidence of delusion or obsessions. The Veteran appeared to be a good historian. Id.

In March 2025, the Veteran submitted a longer Statement in support of his claim. He included more of his experiences during his time in service and expanded on the psychological toll service had on him. He noted being "saddened and confused" by seeing his "first dead man [and] throw[ing] him in the bushes like so much garbage." He also noted that he "got his first taste of PTSD" while still in service when he heard gunshots at a range and claimed that his "old instincts kicked in and [he] dove for cover."  He claimed that his nightmares and flashbacks began soon after leaving service; he "put the memories away, but the nightmares and flashbacks [had] always been here." See March 2025 Statement in Support of Claim.

In a March 2025 Statement, the Veteran's attorney argued that the August 2022 VA examiner's assessment of the Veteran's level of occupational and social impairment "[was] belied internally within the examiner's report." He included the PTSD diagnostic criteria filled out by the August 2022 VA examiner and argued that the endorsed symptomology of the August 2022 exam "along with the attached testimony clearly provide[d] a rational basis for occupational and social impact that [was] persistent, severe, and indicative of reduced reliability and productivity and interference with social and interpersonal relationships." See March 2025 Attorney Statement.

Analysis

After reviewing the above evidence, the Board concludes that the Veteran's symptoms have not more nearly approximated occupational and social impairment with reduced reliability and productivity. 38 C.F.R. § 4.130, DC 9411. Instead, the evidence before the Board persuasively establishes that the Veteran's symptoms more closely approximate occupational and social impairment with occasional decrease in work efficiency and intermittent periods of inability to perform occupational tasks (although generally functioning satisfactorily, with routine behavior, self-care, and conversation normal). Id. Because of this, an initial disability rating in excess of 30 percent is not warranted.

After a thorough examination of the evidence, the Board concludes that, although the Veteran's PTSD did affect his social interactions as manifested through his reported symptoms of anxiety, suspiciousness, irritability, and chronic sleep impairment, the Veteran still was able to maintain meaningful social relationships with friends and family. Indeed, during his August 2022 VA examination, the Veteran reported that despite his wife sleeping in a separate room, the pair generally got along well (as evidenced by their 54-year marriage), that his relationship with his daughters and grandchildren was positive, and that he had friends throughout his life, one of whom the Veteran felt he might discuss personal issues with. See August 2022 Initial VA PTSD DBQ. Moreover, although he shared that he had "isolated quite a bit," the Veteran also shared this was especially due the pandemic which made him fearful. See December 2021 VA Initial Mental Health Note. Additionally, there is no evidence that the Veteran's occupational abilities were impaired by his service-connected PTSD. Notably, the Veteran had a long, 41-year career at the same paper manufacturing company that the Veteran only left because of its closing in 2007 which prompted him to retire. He presently enjoyed recreational activities such as woodwork, playing golf, and fishing. He also did projects around the house. August 2022 Initial PTSD DBQ. 

The VA mental health professionals who evaluated the Veteran in December 2021, January 2022, March 2022, and August 2022 all independently reported that the Veteran appropriately took care of his appearance, that the Veteran's mental state was clear, coherent, alert, and oriented, that his speech was logical, linear, and goal directed, that his judgment and insight appeared intact, that he was socially appropriate, pleasant, and cooperative, and that he expressed a full range of affect with good eye contact. Furthermore, the Veteran denied exhibiting suicidal ideation, psychosis, or mania at any of these encounters with VA mental health specialists. Nothing in the record suggests that the Veteran exhibits the symptoms of a flattened affect, circumstantial, circumlocutory, or stereotyped speech, panic attacks more than once a week, difficulty in understanding complex commands, impairment of short- and long-term memory, impaired judgment, impaired abstract thinking, or a difficulty in establishing and maintaining effective work and social relationships, as contemplated by a 50 percent rating under the General Rating Formula for Mental Disorders. See August 2022 Initial VA PTSD DBQ; March 2022 VA Psychiatry Note; January 2022 VA Mental Health Note and Psychiatry Notes; December 2021 VA Initial Mental Health Note. The record also does not establish that the Veteran exhibits any unlisted symptoms that more closely approximate the symptoms contemplated by a 50 percent rating. On the contrary, the anxiety, suspiciousness, and chronic sleep impairment endorsed during the August 2022 VA examination are squarely contemplated by the 30 percent rating currently assigned for the Veteran's PTSD. In statements in support of his claim, the Veteran has also described having depression and panic attacks; these are also contemplated by a 30 percent rating under the General Rating Formula for Mental Disorders. As for irritability, while impaired impulse control (such as unprovoked irritability with periods of violence) is contemplated by a 70 percent rating, the Board does not find that this symptom even with consideration of the Veteran's other symptoms has resulted in occupational and social impairment with deficiencies in most areas. As discussed above, apart from thrashing around in his sleep and hurting his wife on one occasion as a result, the Veteran has not reported having any violent tendencies. Indeed, he maintains positive relationship with family and friends and engages in recreational activities both inside and outside of the house.

The probative value of medical opinion evidence is based on the medical expert's personal examination of the patient, the physician's knowledge and skill in analyzing the data, and the medical conclusion that the medical professional reaches. Guerrieri v. Brown, 4 Vet. App. 467, 470-71 (1993). Whether a medical professional provides a basis for a medical opinion goes to the weight or credibility of the evidence in the adjudication of the merits. See Hernandez-Toyens v. West, 11 Vet. App. 379, 382 (1998). Other factors for assessing the probative value of a medical opinion are the physician's access to the claims folder and the thoroughness and detail of the opinion. See Prejean v. West, 13 Vet. App. 444, 448-49 (2000).

The August 2022 VA examination report was provided by a VA medical professional who possesses the necessary education, training, and expertise to provide the requested opinion, the examination report was shown to have been based on an approved video telehealth appointment wherein an interview of the Veteran was conducted coupled with a review of the Veteran's claims file, and the VA medical professional provided a detailed rationale for the included medical opinions. Taking these factors into consideration, the Board finds significant probative value in the August 2022 VA examination report because the VA medical examiner directly interfaced with and examined the Veteran, reviewed the Veteran's treatment records, and provided detailed rationales for the conclusions contained within. See Nieves-Rodriguez v. Peake, 22 Vet. App. 295, 304 (2008); Stefl v. Nicholson, 21 Vet. App. 120, 124 (2007).

The Board acknowledges the Veteran's attorney's argument that the August 2022 VA examiner's assessment of the Veteran's level of occupational and social impairment "is belied internally within the examiner's report." He includes the PTSD diagnostic criteria filled out by the August 2022 VA examiner and argues that the endorsed symptomology of the August 2022 exam "along with the attached testimony clearly provide a rational basis for occupational and social impact that is persistent, severe, and indicative of reduced reliability and productivity and interference with social and interpersonal relationships." See March 2025 Attorney Statement. The Board finds no merit in the attorney's argument. The endorsed symptomatology reveals nothing of the degree to which said symptoms affect the Veteran's occupational and social interactions and instead serve to pinpoint the manifestations of the Veteran's PTSD that affect his daily life, providing both a basis from which the VA examiner can diagnose the Veteran with a psychiatric disability and a starting point for inquiring as to the degree of impairment caused by the Veteran's PTSD. During the examination of the Veteran, the evidence procured from the Veteran regarding the impact of his PTSD on him supports the current level of occupational and social impairment attributable to the Veteran's PTSD, as discussed above.

The Board has considered the Veteran's July 2022 Statement in Support of Claim for PTSD Secondary to Personal Assault, his July 2022 letter to VA, and the Veteran's wife's July 2022 letter to VA. Insofar as the statements contained in these communications have any bearing on the Veteran's claim for an increased initial disability rating, they center on the Veteran's recurrent nightmares and their effect on his sleep or on symptoms that the VA examiner contemplated in coming to his opinion. These statements were considered by the VA examiner when he opined as to the severity of occupational and social impairment the Veteran experiences. As noted above, the evidence before the Board persuasively supports the August 2022 VA examiner's ultimate determination regarding the Veteran's level of occupational and social impairment. Consequently, the Board finds that these statements are outweighed by the August 2022 VA examination. 

Moreover, the Board has considered the Veteran's statements included in his March 2025 Statement in Support of Claim that are relevant to how his PTSD affects his daily life. The Veteran's attorney relies on these statements to buttress his argument that the VA examiner's assessment of the Veteran's occupational and social impairment is insufficient. However, as with his earlier statements, the Veteran describes primarily suffering from nightmares and flashbacks about his experience in Vietnam. This symptom of chronic sleep impairment was addressed by the August 2022 VA examination. 

The Board has also considered the Veteran's accounts of his combat experience. March 2025 Statement in Support of Claim; July 2022 Letter to VA; July 2022 Statement in Support of Claim for PTSD Secondary to Personal Assault. While the Board is sympathetic and does not wish to minimize the events that the Veteran experienced while serving in Vietnam, it must also be emphasized that the details relating to the Veteran's combat experiences are relevant only when claiming service connection for PTSD, and these accounts of his combat experience do not otherwise provide an insight on the Veteran's current disability picture. As a result, the Board finds no probative value in the Veteran's accounts of combat during service insofar as they relate to his claim for an increased initial rating. Similarly, the Board also has considered the Veteran's feeling that he was "lied to" by a VA representative. See, e.g., March 2025 Statement in Support of Claim. This has no bearing on the Veteran current disability picture. Therefore, the Board places no probative weight on the Veteran's statements that he was lied to by a VA representative.

The evidence of record persuasively weighs against a rating in excess of 30 percent for PTSD, and the benefit-of-the-doubt rule does not apply. 38 U.S.C. § 5107(b); 38 C.F.R. § 4.3; Lynch v. McDonough, 21 F.4th 776 (Fed. Cir. 2021) (en banc) (only when the evidence persuasively favors one side or another is the benefit of the doubt doctrine not for application). 

 

A. ISHIZAWAR

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Louis M. Figueroa

The Board's decision in this case is binding only with respect to the instant matter decided. This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.