Anxiety decisions — 2004

The Board denied the appellant's claim for service connection for cause of death, finding that the veteran's death was not caused by any event in service or his service-connected anxiety disorder.

The veteran is seeking an earlier effective date for a 100 percent rating for his service-connected anxiety neurosis, which was awarded on March 30, 2001. The RO has determined that the claim was filed on March 30, 2001.

The Board found that the veteran's death was not caused by or related to his service-connected anxiety neurosis, and thus denied the claim for service connection for the cause of the veteran's death.

The Board denied the appellant's claims of service connection for diabetes mellitus Type II and vertigo, as well as his attempts to reopen claims for cataracts, burns on the left side of the face, anxiety with insomnia, hypertension with cardiac distress, and a kidney disorder. The Board found that new evidence did not raise a reasonable possibility of substantiating these claims.

The Board has remanded the case for further development, including obtaining medical records and arranging for examinations to assess the severity of the veteran's service-connected lumbosacral strain with degenerative arthritis and a herniated nucleus pulposus at L3-L4. The issue of entitlement to an increased rating for anxiety state is also being remanded.

The Board found that the veteran's service-connected conditions did not cause his death, and no other condition was shown to have contributed substantially or materially to his death. The cause of death listed on his certificate was acute myocardial infarction due to coronary artery disease.

The Board denied service connection for PTSD but granted a 30% evaluation for generalized anxiety disorder, effective from the date of receipt of the claim.

The Board has granted a total disability rating for compensation based on individual unemployability, effective from March 24, 1998. The veteran's anxiety disorder is the sole service-connected condition considered in this decision.

The Board denied the veteran's claim of service connection for an anxiety disorder, concluding that new and material evidence had not been submitted to reopen his previously denied claim.

The Board found that the October 1994 rating decision assigning an effective date of March 9, 1990 for the grant of service connection for an acquired anxiety disorder was the product of CUE and the correct effective date should be February 24, 1982.,The Board also found that the October 1994 rating decision assigning an effective date of March 9, 1990 for the grant of a TDIU was not the product of CUE.

The Board has remanded the case due to incomplete development and requests for additional information from the appellant, as well as further examination and review of her medical records.

The veteran's claim for an increased rating for conversion disorder with anxiety features is being remanded due to the need for additional medical records and a new examination.

The veteran's claims for an increased evaluation of his generalized anxiety disorder and a TDIU are being remanded due to the need for additional development under the Veterans Claims Assistance Act (VCAA).

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 and notification under the Veterans Claims Assistance Act of 2000.

The Board found that the veteran's anxiety disorder and PTSD were not incurred in or aggravated by active service, and denied both claims.

The Board has granted an increased rating for the veteran's service-connected generalized anxiety disorder and found that he meets the criteria for a 30 percent disability rating. The claim for service connection for prurigo nodularis was denied as there is no evidence of exposure to herbicide agents, and the condition did not develop within one year after separation from service.

The Board has determined that the veteran's current headache disorder, anxiety disorder, bilateral hearing loss, and tinnitus are all service-connected as they are linked to his inservice head injury.

The Board previously denied the veteran's claim for service connection for an acquired psychiatric disorder, including post-traumatic stress disorder, dysthymic disorder, major depression, and anxiety disorder. The case is being remanded due to a previous Joint Motion for Partial Remand by the parties.

The Board has determined that the veteran's generalized anxiety disorder and PTSD warrant a 100 percent evaluation, reflecting severe impairment in work, social, and other areas.

The veteran's appeal of the CUE in four rating decisions is dismissed without prejudice to refiling.