Anxiety decisions — 2001

The Board has remanded the case due to a lack of recent clinical evidence and for compliance with the Veterans Claims Assistance Act of 2000.

The Board has reopened the veteran's claim for service connection for depression and anxiety disorder, finding that new evidence supports this claim. The veteran's current psychiatric conditions are linked to his experiences during atomic weapons testing in service. Service connection is granted for these conditions.

The veteran's NOD to the March 2000 rating action has been determined to be timely, and his appeal for an increased rating for anxiety reaction is granted.

The veteran's claim for a total rating based on unemployability due to service-connected disabilities is being remanded for additional development, including obtaining private records and scheduling VA examinations.

The Board has denied the veteran's request for an earlier effective date of July 15, 1997 for a grant of service connection for generalized anxiety disorder.

The VA denied the veteran's claims for increased evaluations of his service-connected psychiatric disability and scars of the right leg and foot, finding that the current ratings adequately reflect the severity of these conditions.

The Board has denied the veteran's claim for an increased rating for his service-connected anxiety and conversion reaction with headaches, low back pain, fatigue, and insomnia.

The Board has denied the veteran's claims for service connection of diverticulosis, hiatal hernia, and anxiety as secondary to his service-connected hepatitis.

The Board has determined that the veteran's appeal of the denial of an earlier effective date for his TDIU was timely filed, and the criteria for granting a TDIU with an effective date of November 2, 1988, have been met.

The veteran's PTSD is manifested by anxiousness, anger, agitation, intolerance of other, nightmares, and sleep impairment. The criteria for an initial evaluation to 30 percent have been met.

The veteran's claim for special monthly pension based on the need for regular aid and attendance has been denied as she does not meet the criteria for such benefits due to her ability to perform daily activities without significant assistance.

The Board has determined that the veteran's anxiety disorder is no more than 30 percent disabling, and thus does not meet the criteria for a higher rating.

The Board denied the appellant's claims for service connection for the cause of her husband's death and DIC benefits under section 1318. The veteran died from lung carcinoma, which was not related to his service-connected anxiety disorder or pilonidal cyst. There is no evidence that the veteran's service-connected conditions caused or contributed to his death.

The veteran committed suicide due to mental unsoundness associated with his service-connected generalized anxiety disorder, and the Board grants service connection for the cause of death.

The Board found that new and material evidence had not been submitted to reopen the claim, but did not address service connection or assign a rating.

The veteran's claim for an increased disability rating for his service-connected generalized anxiety disorder is being remanded to the RO for scheduling a personal hearing before a traveling member of the Board.

The Board denied service connection for PTSD, concluding that the evidence did not support a diagnosis of PTSD and that the veteran's symptoms were better explained by other diagnoses.

The Board has denied the claim for an increased rating for anxiety reaction with PTSD, as the evidence does not support a higher disability evaluation. The issue of service connection for chronic prostatitis and sexual dysfunction is not currently before the Board due to lack of timely appeal.

The Board denied the veteran's claims for increased evaluations for generalized anxiety disorder, headaches, and hemorrhoids as there was no evidence showing that these conditions were service-connected or related to his military service.

The veteran's anxiety reaction causes moderate impairment, but does not meet the criteria for an increased disability rating or a total disability rating due to individual unemployability.