Anxiety decisions — 2004

The veteran's claims for increased ratings and TDIU are being remanded due to the need for a hearing before a Veterans Law Judge.

The veteran's claim for an increased rating in excess of 30 percent for his service-connected anxiety disorder is being remanded due to the need for additional development and compliance with the Veterans Claims Assistance Act of 2000 (VCAA).

The Board has determined that the veteran's service-connected Generalized Anxiety Disorder contributed to his malnutrition, which in turn caused his death from sepsis due to bilateral pneumonia as a consequence of COPD.

The Board found that the veteran did not timely file a Substantive Appeal to the August 2000 rating decision granting a 50 percent rating for headaches with anxiety and depression, claimed as PTSD. The request for a personal hearing in connection with this decision was also dismissed.

The veteran's service-connected disabilities do not meet the criteria for special monthly compensation based on the need for regular aid and attendance of another person or by reason of being housebound.

The Board of Veterans' Appeals (Board) has determined that the veteran's claim for payment or reimbursement of unauthorized private medical expenses incurred from October 28, 2002 to October 31, 2002 was denied because he is not eligible under the criteria set forth in 38 U.S.C.A. � 1728 (West 2002).

The Board has denied the veteran's claims for an effective date earlier than July 12, 1999 for service connection of paroxysmal supraventricular tachycardia and his claim for a total disability rating based on individual unemployability. The other issues were either granted or not addressed due to lack of evidence.

The veteran's claim for an increased disability evaluation for dysthymia and anxiety disorder was denied. His claim for a total rating based on individual unemployability due to service-connected disabilities is moot as he has already been granted a combined 100 percent schedular rating.

The Board has determined that the veteran's anxiety disorder does not meet the criteria for a disability rating in excess of 30 percent.

The Board is remanding the case for further development and readjudication due to procedural issues, including compliance with the Veterans Claims Assistance Act of 2000 (VCAA).

The veteran's service-connected back disability requires regular aid and attendance, meeting the criteria for special monthly compensation based on need for aid and attendance.

The case is being remanded for consideration of the old version of VA's rating criteria for mental disorders, effective prior to November 7, 1996. The benefits sought are not granted at this time.

The Board has determined that the veteran's service-connected dysthymia (previously diagnosed as anxiety neurosis) warrants a 100 percent rating due to demonstrable inability to obtain or retain employment.