Anxiety decisions — 2001

The veteran's death was caused by infective endocarditis due to congestive heart failure and aortic insufficiency. His service-connected disabilities did not contribute substantially or materially to his cause of death, and he did not meet the criteria for DIC benefits under 38 U.S.C.A. § 1318. The veteran's death was not caused by VA medical treatment.

The Board has remanded the case due to issues related to service-connected syphilis and anxiety neurosis, requiring additional development of evidence.

The veteran's anxiety disorder is part and parcel of his hysterical neurosis, which developed during service.

The Board has determined that the veteran's service-connected psychiatric disability (PTSD and generalized anxiety disorder) does not warrant a rating in excess of 50 percent, as it does not meet the criteria for such an increase. The cold injury residuals of both feet are rated at 10 percent each.

The veteran's appeal is remanded due to the need for additional development, including obtaining medical records and scheduling a VA psychiatric examination.

The veteran's bilateral pes cavus is currently evaluated at 30 percent, and his anxiety neurosis with dysthymic disorder is also currently evaluated at 30 percent. The Board has denied both claims for higher evaluations.

The Board found that the veteran's anxiety disorder alone does not render him unable to secure and follow a substantially gainful occupation, thus denying both his increased rating claim for anxiety disorder and his claim for a total disability rating due to individual unemployability.

The Board denied an increased rating for generalized anxiety disorder and did not reopen the veteran's claims for decreased visual acuity of the left eye and tinnitus.

The Board found that the appellant's initial period of active duty from October 10, 1979 to October 9, 1983 was completed under honorable conditions. However, her subsequent period of service from October 19, 1983 to December 24, 1986 ended with an other than honorable discharge due to a court-martial conviction for child abuse. The appellant's claimed psychiatric disabilities were not shown to be related to her military service.

The Board has remanded the case due to a need for additional development, including obtaining medical records and an examination to clarify the nature of the veteran's anxiety disorder and its relationship to service-connected Graves Disease.

The veteran's death was not caused by his own willful misconduct, but the Board finds no evidence that his service-connected disabilities contributed to his death. Additionally, the veteran did not meet the requirements for DIC under 38 U.S.C.A. § 1318(b) as he was not entitled to a total disability rating based on his service-connected conditions for at least ten years prior to his death.

The Board has determined that the appellant is entitled to an effective date of June 26, 1997 for aid and attendance benefits based on her need for regular assistance due to her medical conditions.

The veteran's generalized anxiety disorder with panic attacks and PTSD is currently rated at 50 percent, which meets the criteria for a higher rating.,The veteran's asthma is currently rated at 30 percent, which does not meet the criteria for an increased rating.

The VA denied the veteran's claim for an increased evaluation of his service-connected anxiety reaction, currently rated at 50 percent. The Board found that the evidence did not show symptoms warranting a higher rating.

The Board found no competent medical evidence linking the veteran's claimed depression and anxiety to his service-connected carcinoma of the larynx. The veteran was also denied increased ratings for nicotine dependence, peripheral vascular disease in both legs, and individual unemployability due to peripheral vascular disease.

The Board denied the appellant's claims for service connection for the cause of the veteran's death and eligibility for Dependents' Educational Assistance (DEA) benefits, as well as her claim under 38 U.S.C.A. § 1318 due to lack of entitlement based on the evidence provided.

The VA assigned a 100% evaluation for service-connected anxiety disorder effective December 17, 2001.

The Board has determined that the veteran's service-connected generalized anxiety disorder is productive of a level of social and industrial inadaptability that more nearly approximates a disability picture consistent with that of a demonstrable inability to perform substantially gainful employment, warranting a 100 percent rating.

The Board found that the veteran's service-connected PTSD with dysthymic reaction and anxiety attacks has caused some industrial impairment and impairment in maintaining relationships, resulting in occupational and social impairment with an occasional decrease in work efficiency and intermittent periods of inability to perform tasks. The initial evaluation of 30 percent is proper.

The Board has determined that further development is necessary to reconcile the conflicting medical evidence of record regarding the appellant's service-connected anxiety reaction and PTSD.