Anxiety decisions — 2005

The veteran's appeal has been withdrawn before the Board could make a decision.

The veteran's appeal is remanded for further development, including obtaining VA treatment records and ensuring compliance with the Veterans Claims Assistance Act of 2000.

The RO has denied the veteran's claim for service connection for a psychiatric disorder, and additional evidence submitted by the veteran needs to be considered before a final decision can be made.

The veteran's death was due to pneumonia and he had a service-connected anxiety neurosis rated at 100% since September 19, 1995. The appellant is the daughter of the deceased veteran who died when she was over 26 years old. Therefore, she does not meet the eligibility criteria for Dependents' Educational Assistance (DEA) benefits under Chapter 35, Title 38, United States Code.

The VA has denied an increased rating for the service-connected chronic adjustment disorder with emotional features, currently evaluated as 30 percent disabling. The veteran's disability is not shown to be more severe than what is contemplated by the current 30 percent evaluation.

The Board found that the evidence does not support a diagnosis of PTSD or establish a link between current anxiety disorder and service, thus denying the veteran's claim for service connection.

The veteran's claims for service connection for anxiety and stress disorder, low back disorder, and increased ratings for ankle and foot disabilities have been denied. The Board found no new and material evidence to reopen the claim for anxiety and stress disorder. Service connection was not established for a low back disorder or for an increase in disability ratings for ankle and foot conditions.

The veteran's appeal is being remanded for additional development of his claims, including obtaining medical records and conducting examinations to determine the cause of any disabilities resulting from treatment at a VA facility in Boston, Massachusetts in July 1992.

The veteran's PTSD was rated at 50 percent effective March 29, 1988. The case is now ready for final adjudication with the possibility of a higher rating.

The Board denied service connection for an acquired psychiatric disorder as secondary to a service-connected migraine headache disorder and denied the claim for increased evaluation of migraine headaches.

The Board has granted increased ratings for the veteran's lumbosacral strain and anxiety disorder, with a rating of 20 percent for each condition.

The Board has remanded the case due to incomplete service medical records, specifically mental health treatment records from the Naval Hospital in Jacksonville during the veteran's active duty.

The Board found that the veteran's generalized anxiety disorder does not meet the criteria for a higher rating, as it only causes occasional decrease in work efficiency and intermittent periods of inability to perform occupational tasks.

The Board is requesting further development of the evidence to determine if the veteran's service-connected anxiety reaction contributed substantially or materially to his death from coronary artery disease.

The veteran's service-connected disabilities are preventing him from engaging in substantially gainful employment, and the RO is directed to schedule a VA examination for his orthopedic conditions.

The Board denied a rating in excess of 30 percent for the veteran's generalized anxiety disorder, finding that his symptoms did not warrant a higher evaluation.

The Board denied the veteran's claim for an initial disability rating in excess of 30 percent for PTSD, finding that his symptoms did not warrant a higher rating since December 10, 2001.

The Board found that the veteran's cause of death was not caused by or a contributory factor to his service-connected anxiety reaction. The basic criteria for Dependents' Educational Assistance allowance under Chapter 35 were also not met.

The Board has determined that the veteran's anxiety disorder began in service and is related to his military service, granting service connection for this condition.

The Board finds that the veteran's need for regular aid and attendance is established, meeting the criteria set forth in 38 C.F.R. § 3.352(a).