Anxiety decisions — 2005

The VA denied the veteran's claims for increased evaluations for anxiety reaction and right thumb injury, finding no evidence of compensable limitations or gaps in motion that would warrant a higher rating.

The Board found that the veteran's anxiety disorder was not incurred in or aggravated by active service, and denied his claim.

The Board denied the veteran's claim for a disability rating in excess of 50 percent for his service-connected generalized anxiety disorder with post-traumatic stress disorder, finding that the evidence did not meet the criteria for a higher evaluation.

The Board found that the veteran's acquired psychiatric disorders, including anxiety disorder and dysthymic disorder, were not incurred in or aggravated by active service. The evidence did not establish a connection between his current conditions and events during military service.

The veteran's case is being remanded for further development, including a VA psychiatric examination and review of the claims file. The RO will then prepare a new rating decision based on the additional evidence.

The Board has granted a 50 percent evaluation for major depression with anxiety, effective from the date of the original claim. The veteran's claim for a total rating based on individual unemployability is dismissed as moot due to her current employment status.

The veteran died from heart disease, which was not related to his service-connected anxiety reaction. The Board found that the cause of death was not caused or contributed substantially by a service-connected disability.

The veteran's claims for an increased rating for anxiety disorder and service connection for hypertension secondary to his service-connected anxiety disorder were denied. The claims of reopening service connection for a cerebral concussion and right ear injury residuals are also pending.

The veteran's claims are being remanded for additional development, including VA examinations to assess the severity of his service-connected appendectomy scar and right inguinal hernia repair. The case will also be reviewed to determine if separate ratings can be assigned under Esteban v. Brown.

The VA determined that the veteran's service-connected chronic anxiety and depressive psychoneurosis did not cause his death from coronary artery disease, as there is no scientific proof linking anxiety disorder to coronary artery disease. The examiner found it speculative to determine if the veteran's anxiety aggravated his smoking habit.

The Board denied an increased disability evaluation for the veteran's generalized anxiety disorder with PTSD symptoms, finding that it most closely approximated a 70% evaluation prior to March 2, 2004 and denied any higher rating on or after that date.

The Board found that the veteran's service-connected anxiety state did not cause or contribute to his death. The appellant was also denied DIC benefits under 38 U.S.C. § 1318.

The Board denied the veteran's claim for service connection for an acquired psychiatric disorder, including a depressive disorder, finding no new and material evidence to reopen his previously denied claim.

The Board found clear and unmistakable error in the March 1955 rating decision for not granting service connection for residuals of damage to cranial nerve VII and loss of teeth, as these conditions are directly related to the veteran's in-service injuries. The correct facts were known at that time.

The Board found that the veteran's service-connected anxiety neurosis did not cause or contribute to his death from myocardial infarction.

The veteran's claim for a total disability rating based on individual unemployability is granted with an effective date of August 16, 2000.

The veteran's appeal has been dismissed as the appellant withdrew his appeal prior to a decision being made.

The Board has granted service connection for the veteran's generalized anxiety disorder as proximately due to his service connected right knee disability.

The VA Board has granted a 70 percent rating for the veteran's anxiety disorder with dysthymia, finding that he meets the criteria for this level of disability based on occupational and social impairment.