Anxiety decisions — 2003

The Board has found that the veteran's generalized anxiety disorder originated during his active service and is therefore granted service connection.

The veteran's service-connected generalized anxiety disorder with depressive features is shown to be productive of a level of disablement that more nearly approximates severe social and industrial impairment, warranting a 100 percent rating.

The Board has determined that new and material evidence has been submitted to reopen the veteran's claim of entitlement to service connection for a chronic acquired psychiatric disability, specifically an anxiety disorder. The Board also found that the veteran's anxiety disorder was incurred during active service.

The Board determined that the overpayment of VA compensation benefits was valid and not due to fraud, misrepresentation or bad faith. However, recovery would be against equity and good conscience, thus denying a waiver.

The Board has determined that new and material evidence has been submitted to reopen the veteran's claim of entitlement to service connection for a psychiatric disorder, including PTSD. The clinical evidence supports the diagnosis of PTSD or anxiety disorders related to the veteran's combat service.

The Board has determined that the effective date for a 50 percent evaluation for dysthymic disorder (previously diagnosed as generalized anxiety with prominent depressive features) should be October 6, 1987.

The Board found that the veteran's claimed conditions are not related to his military service and denied all claims.

The Board has granted service connection for an anxiety disorder, finding that the veteran's current disability is related to his period of active military service.

The veteran's anxiety disorder is found to be aggravated by his service-connected bronchial asthma, and he was granted a higher rating for his asthma. However, the claim for an earlier effective date for TDIU remains pending.

The veteran's service-connected disabilities have rendered him unable to independently perform daily functions of self-care or to protect himself from the hazards and dangers incident to his daily environment, meeting the criteria for special monthly compensation by reason of being in need of regular aid and attendance.

The Board granted a single 50 percent rating for the residuals of a gunshot wound to the left wrist and little and ring fingers, effective October 8, 1992. The veteran's anxiety disorder was rated at 30 percent since December 1967.

The VA has determined that the veteran's conversion disorder, characterized by depression, anxiety, and isolated personality traits, does not warrant a rating higher than 50 percent.

The veteran's tinnitus is service-connected, and he was granted a 70% rating for anxiety disorder with TDIU effective June 29, 2000.

The VA determined that the veteran's service-connected PTSD is manifested by depression, recurrent anxiety attacks, intrusive thoughts, disturbances of motivation, nightmares, and difficulty establishing and maintaining effective work and social relationships. The evaluation for PTSD remains at 50 percent.

The Board found no CUE in the RO's August 1968 decision, which denied service connection for anxiety disorder. The evidence clearly and unmistakably demonstrated that the veteran's anxiety disorder existed prior to service.

The veteran's anxiety disorder currently results in occasional decrease in work efficiency and intermittent periods of inability to perform occupational tasks, but generally functions satisfactorily with routine behavior, self-care, and conversation normal.

The VA denied an increased rating for anxiety reaction and denied special monthly compensation due to the veteran's service-connected disability. The Board found that the veteran's anxiety reaction resulted in no more than occupational and social impairment warranting a 70 percent evaluation.

The veteran's generalized anxiety disorder with mild depressive features and PTSD has been manifested primarily by persistent auditory hallucinations, sleep disturbances, irritability, depression, occasional suicidal and homicidal ideations, Global Assessment of Functioning (GAF) scores ranging from 45 to 70, and inability to work. The criteria for a 100 percent schedular evaluation have been met.

The Board denied the appellant's claims for increased ratings and a total disability rating based on individual unemployability due to service-connected disabilities, finding that his conditions did not warrant higher ratings under the applicable criteria.

The Board dismissed the veteran's motion alleging clear and unmistakable error (CUE) in previous decisions, as no such motion was ever made by the veteran or his representative.