Anxiety decisions — 2003

The Board has granted service connection for the veteran's anxiety disorder, short-term memory loss, joint and muscle pain, weakness and fatigue, dishydrotic eczema, and tinea pedis. The effective date is not specified.

The Board has determined that further development is needed to determine the nature and likely etiology of any current psychiatric disorder, as well as whether it is related to service.

The Board has granted service connection for anxiety neurosis, but the decision is incomplete as it does not address hypertension. The veteran's testimony suggests a possible secondary service connection for hypertension.

The veteran's service-connected generalized anxiety disorder with PTSD symptoms are shown to be productive of a disability picture that more nearly approximates occupational and social impairment with deficiencies in most areas, such as work, thinking, and mood. The Board has granted an initial 70 percent rating for the service-connected condition.

The Board has ordered further development in the veteran's case, including obtaining information from the U.S. Armed Services Center for Research of Unit Records and medical records from various providers to determine if service connection can be established for PTSD and other psychiatric disorders.

The Board has ordered further development due to the need for additional evidence. The case will be returned to the RO for development and then reviewed by the Board.

The Board has granted a 10 percent rating for the veteran's service-connected psychoneurosis, anxiety state, effective as of the date of the decision.

The Board denied the veteran's claims for earlier effective dates for his service-connected anxiety disorder and TDIU, finding that no factual basis existed to support such a determination.

The Board denied the veteran's appeal for a rating in excess of 70 percent for anxiety neurosis from September 2, 1980, to November 24, 1996.

The Board has granted a 100 percent rating for the veteran's service-connected generalized anxiety disorder, which is considered total disability. The claim of entitlement to TDIU benefits is dismissed as moot due to the grant of a 100 percent schedular rating.

The veteran's generalized anxiety disorder is currently rated at 100 percent, the highest schedular rating available, due to its severe impact on his ability to obtain or retain employment.

The Board has granted a 60 percent rating for the service-connected lumbosacral strain and found that the veteran's loss of use of both lower extremities due to his service-connected disability meets the criteria for specially adapted housing. The claim for a special home adaptation grant is denied as it does not meet the legal requirements.

The Board found that the initial 30 percent evaluation for the veteran's service-connected anxiety disorder with panic attacks and depressive disorder was proper, as his symptoms did not meet or approximate the criteria for a higher rating.

The Board denied service connection for a psychiatric disability, including post-traumatic stress disorder, finding that the claimant's anxiety disorder was not related to his active service.

The Board found that the veteran's death was not caused by a service-connected disability and denied dependency and indemnity compensation under 38 U.S.C.A. § 1151.

The Board has determined that the veteran's claims for service connection for a psychiatric condition due to undiagnosed illness and a respiratory condition due to undiagnosed illness are not warranted, as they have been diagnosed and do not meet the criteria for an undiagnosed illness. The veteran's anxiety disorder was found to be related to his current conditions rather than an undiagnosed illness.

The veteran's claim for compensation under Title 38, United States Code, Section 1151 for generalized anxiety disorder was denied by the RO. The case is being remanded to consider additional evidence submitted after the April 2003 supplemental statement of the case.

The Board has denied the veteran's claims for increased ratings for his psychiatric and low back disabilities, finding that there is no evidence of new and material information to reopen previously denied claims.

The veteran's bilateral hearing loss is rated at 30 percent, his generalized anxiety disorder at 50 percent, and his lumbar strain at 40 percent prior to July 15, 2002. The Board granted these ratings as they meet the schedular criteria.

The veteran's claim for an increased rating for his service-connected generalized anxiety disorder is being remanded due to the need for additional development, including obtaining VA treatment records and scheduling a VA psychiatric examination.