Anxiety decisions — 2005

The veteran's anxiety disorder is currently rated as 50 percent disabling, and his left knee disability remains at a 10 percent rating. The TDIU claim was granted.

The veteran's anxiety disorder is productive of occupational and social impairment due to mild or transient symptoms which decrease work efficiency and ability to perform occupational tasks only during periods of significant stress. The disability does not more nearly approximate the criteria for a higher rating.

The VA has determined that the veteran's chronic anxiety disorder does not meet the criteria for a rating in excess of 50 percent.

The veteran's service-connected anterior poliomyelitis has caused significant weakness in his right upper and lower extremities, but the evidence does not support an award of SMC based on loss of use due to these conditions.

The Board has determined that the veteran does not have a current diagnosis of a psychiatric disability, including anxiety disorder. The veteran's migraine headaches do not meet the criteria for an initial compensable rating under DC 8100.

The veteran's claims for PTSD and a psychiatric disability other than PTSD were denied. The claim for cold injury residuals was reopened, but the evidence does not support service connection.

The Board finds that the evidence is at least in equipoise in showing a nexus between a current diagnosis of an acquired psychiatric disorder (depression and anxiety disorder) and active duty for training. Therefore, service connection for the veteran's anxiety disorder and depression is granted.

The Board has determined that the veteran's mood and/or anxiety disorder, not otherwise specified, is related to service and grants service connection for this condition.

The Board found that the veteran does not have a chronic acquired psychiatric disorder including PTSD, and thus denied his claim for service connection.

The veteran's claims for service connection for various conditions, including an immature personality disorder, panic disorder with adjustment disorder with depression and anxiety, ischemic heart disease, bilateral hearing loss, tinnitus, chloracne of the hands and face, and diabetes mellitus due to herbicide exposure are all denied as there is no evidence of these conditions during or within one year of service. The veteran's claims for left knee disorder and bone spurs of the heels were withdrawn prior to a decision.

The veteran's service-connected disabilities, including bilateral hearing loss and tinnitus, have been shown to prevent him from securing and following substantially gainful employment.

The veteran's anxiety disorder prior to November 24, 2004 warranted a rating of 30 percent. From that date, the VA found no evidence warranting an increase in his disability rating.

The veteran seeks an earlier effective date for service connection for PTSD and a 100 percent schedular rating for anxiety reaction with depression and PTSD with psychosis. The Board denied this claim, finding that the February 1997 rating action became final due to lack of appeal on the effective date issue.

The veteran's case is being remanded due to the need for a comprehensive medical review of his claim file by a VA psychiatric examiner to determine if his acquired mental disorders are causally related to his service-connected bilateral hearing loss. The issue of secondary service connection for PTSD and tinnitus will also be reconsidered.

The Board has remanded the claims of entitlement to service connection for anxiety (claimed as nightmares), headaches, a skin disorder, and a back disorder due to new evidence received since previous decisions.

The Board granted a 60 percent rating for arteriosclerotic heart disease and found the veteran unable to secure and follow substantially gainful employment due to service-connected disabilities, granting TDIU.

The Board found that the cause of death was not related to service or a service-connected disability, and did not meet the requirements for Survivors' and Dependents' Educational Assistance under chapter 35.

The Board has determined that the appellant's generalized anxiety disorder is attributable to service and grants service connection for this condition.

The Board has granted service connection for an acquired psychiatric disorder, including major depressive disorder, bipolar disorder, anxiety disorder, panic disorder, and PTSD, finding that these conditions are related to the veteran's military service.

The Board found that the evidence did not support a finding of current residuals from head trauma or generalized anxiety disorder related to service, thus denying both claims.