Anxiety decisions — 2005

The Board found that the veteran's claimed conditions, including depression, antisocial personality disorder, and anxiety disorder, were not incurred in or aggravated by service. The Board also determined that a personality disorder was not a disease or injury within the meaning of applicable legislation.

The veteran's appeal is being remanded to the RO for additional development, including obtaining VA medical records and scheduling a psychiatric examination. The goal is to determine if an increased rating beyond 30 percent should be granted for his service-connected dysthymia and anxiety.

The veteran's symptoms of fatigue, loss of energy, joint discomfort (neck, low back, right shoulder), memory loss, headaches, anxiety, fevers, skin rash, boils, and disability secondary to reaction to chemicals are not considered service-connected due to lack of evidence supporting their causation by an undiagnosed illness. Service connection is granted for neck, back, and right shoulder discomfort as manifestations of an undiagnosed illness.

The Board has determined that the veteran's claimed conditions are not related to his military service and therefore, denied his claims for service connection.

The Board has granted an increased rating of 30 percent for anxiety reaction with PTSD, effective September 17, 2002. The veteran's symptoms include flashbacks, intrusive thoughts, nightmares, hypervigilance, and impairment in memory and concentration.

The Board denied service connection for hypertension, ischemic heart disease (arteriosclerotic heart disease), arthritis of the upper and lower extremities, psychogenic anxiety reaction, and PTSD as these conditions were not incurred in or aggravated by active service.

The veteran's service-connected major depression with anxiety disorder is rated at 30 percent, and she meets the criteria for a total disability rating based on individual unemployability due to her service-connected disabilities.

The Board has reopened the claims for service connection for headaches, anxiety disorders, and a sleep disorder due to their relationship with the service-connected bilateral tinnitus. The hypertension claim remains denied as it is not related to the service-connected bilateral tinnitus.

The Board has remanded the case due to insufficient information on the relationship between the veteran's in-service and post-service symptoms, specifically regarding his cardiac and mental health conditions.

The Board has granted a 30 percent rating for generalized anxiety disorder effective November 7, 2005. The veteran's earlier effective date request was also granted.

The Board has determined that the veteran's acquired psychiatric disorder, including PTSD and anxiety, is reasonably attributable to service. The evidence supports a finding of in-service stressors leading to current psychiatric problems.

The VA determined that the veteran's anxiety disorder with depression was not incurred during his military service.

The veteran's claims for increased disability ratings were partially granted, with separate 10 percent ratings assigned for residuals of stress fracture of each foot and anxiety disorder. The decision is mixed as some issues are granted while others are denied.

The veteran's claim for service connection for an acquired psychiatric disorder, including post-traumatic stress disorder (PTSD), was denied. The VA found that the veteran does not have PTSD and his major depressive disorder and anxiety disorder are related to service.,The veteran's claim for service connection for hepatitis C was granted. It is presumed due to Agent Orange exposure during service.

The Board found that the veteran did not have an innocently acquired psychiatric disorder, including anxiety disorder, due to service and denied his claim.

The Board found that the service-connected anxiety state and amebiasis did not cause or contribute to the veteran's death.,The appellant is not eligible for educational assistance benefits.

The Board denied the veteran's claims for increased evaluations of her service-connected degenerative disc disease of the lumbar spine, cervical and thoracic strain with osteophytes, and anxiety disorder. The maximum schedular ratings were assigned.

The veteran's vision in both eyes is not less than 5/200 and he does not have concentric contraction of the visual field to 5 degrees or less; he is not a patient in a nursing home because of incapacity; and he has not established a factual need for aid and attendance. Therefore, the requirements for special monthly pension based upon the need for regular aid and attendance of another person have not been met.

The veteran's anxiety neurosis, which was already rated at 30 percent prior to October 1, 1998, has been increased to 50 percent effective from that date. The rating for the post-operative neurolysis and excision of scar tissue on the right foot remains at 10 percent.

The veteran's service-connected incomplete paralysis of the VII cranial nerve contributed to his death from aspiration pneumonia, which was caused by acute myocardial infarction. The appellant is eligible for Survivors' and Dependents' Educational Assistance.