Anxiety decisions — 2003

The VA has granted an increased disability rating of 30 percent for the veteran's service-connected anxiety disorder, effective September 25, 2003.

The Board has ordered further development in the veteran's case, including additional evidence collection. The appeal is currently pending and will be remanded for further action.

The veteran's death was not caused by his own willful misconduct, but the criteria for DIC under 38 U.S.C.A. § 1318 are not met because the veteran did not have a continuous total rating for compensation purposes for 10 years prior to his death.

The veteran's anxiety disorder is currently rated at 50 percent, but the Board finds that it does not meet the criteria for a higher rating. The claims to reopen service connection for defective vision of the right eye, arthritis of the cervical spine, stomach disorder, residuals of left knee injury, and frostbite of the feet are denied as new and material evidence has not been submitted.

The veteran's PTSD and anxiety disorder are productive of total impairment in social and industrial functioning, warranting a 100 percent disability evaluation.

The Board denied the veteran's claims for service connection for hearing loss and tinnitus, as well as his claim for an increased rating for hemorrhoids. The veteran's depressive and anxiety disorder was rated at 50 percent disabling.

The veteran's claims for service connection for headaches, dizziness, and an anxiety disorder are being remanded due to the need for further development including verifying in-service exposure and obtaining medical opinions.

The veteran's service-connected gastrointestinal disability substantially contributed to his death, and the Board grants service connection for the cause of his death. The surviving spouse is also granted entitlement to dependents' educational assistance.

The Board has denied the veteran's claims for service connection for an anxiety disorder and a rating increase for pulmonary tuberculosis. The anxiety disorder was not shown to be related to service, while the TB claim remains pending.

The Board has granted a 30 percent disability rating for the veteran's anxiety reaction, which is less than the maximum benefit available under VA laws and regulations.

The Board found that the cause of death, sepsis due to pneumonia, was not caused by a service-connected disability and did not contribute substantially or materially to the cause of death. The claim for DIC under 38 U.S.C.A. § 1318 is denied.

The VA denied an increased rating for the veteran's anxiety reaction, finding that his symptoms did not meet the criteria for a higher rating.

The Board has granted the veteran's claim of service connection for a generalized anxiety disorder with agoraphobia, finding that it is at least as likely as not related to his military service.

The Board has determined that the veteran's anxiety disorder is service-connected, with symptoms dating back to shortly after his discharge from military service.

The Board has reopened the claim of service connection for a nervous disorder, claimed as anxiety and PTSD, to include as secondary to service-connected duodenal ulcer with hiatal hernia. The veteran's current diagnoses are thought to be due to his military service.

The VA determined that the veteran's service-connected anxiety due to pain disorder warrants a 10% disability rating, which is the current evaluation. The evidence did not support an increase in this rating.

The veteran's multiple conditions, including anxiety disorder and arthritis, do not meet the criteria for special monthly pension based on need for regular aid and attendance or being housebound.

The veteran's service-connected disabilities, including schizophrenia, knee issues, tinnitus, and hearing loss, render him unable to secure or follow a substantially gainful occupation. The Board finds that the criteria for entitlement to TDIU have been met.

The veteran's appeal is about the initial evaluation for his anxiety disorder. The RO previously granted service connection and assigned a 10 percent disability rating, effective from August 31, 1999. The Board has now remanded the case to obtain additional evidence related to the severity of the veteran's anxiety disorder.

The case is being remanded to the RO for initial consideration of additional evidence developed by the Board. The veteran's claims for increased evaluation for anxiety disorder and entitlement to TDIU will be readjudicated.