Anxiety decisions — 2005

The veteran's claim for a compensable rating for his anxiety reaction is being remanded due to the need for updated medical records and an examination.

The Board has granted a disability rating of 70 percent for the veteran's anxiety reaction, which is more than the current 50 percent evaluation. The decision finds that the veteran's condition now meets the criteria for a 70 percent rating due to significant social impairment.

The Board has determined that the veteran's current anxiety disorder and body dysmorphic disorder are at least as likely as not related to his military service, granting service connection for these conditions.

The Board has reopened the appellant's claim for service connection for the cause of her husband's death due to new and material evidence submitted. The veteran's service-connected psychiatric disorder, including anxiety and depression, is found to have contributed substantially or materially to his fatal stroke.

The Board has remanded the case due to incomplete development and a need for further medical opinions regarding the veteran's generalized anxiety disorder, including its potential connection to service.

The veteran's claim for service connection for an acquired psychiatric disorder, including PTSD, is being remanded due to the inability to locate his service medical records and verify stressor information. The case will be returned to the RO after further development.

The Board has determined that the veteran's PTSD, along with his major depression and generalized anxiety disorder, results in occupational and social impairment with reduced reliability and productivity. The criteria for a 50% rating have been met.

The veteran's spouse, who was divorced from the veteran at the time of his death, is not recognized as the surviving spouse for VA benefits due to a lack of legal authority recognizing such after divorce.

The Board has determined that the effective date for the grant of service connection for generalized anxiety disorder and post-traumatic stress disorder should be March 17, 1993.

The Board has remanded the case for further development, including obtaining VA treatment records and determining whether an extra-schedular rating is warranted.

The veteran's anxiety disorder was granted service connection in May 1974, but the effective date for this grant has been adjusted to March 31, 1993.

The Board has determined that the veteran's service-connected psychiatric condition did not cause or materially contribute to his death due to cardiovascular disease. The evidence does not support a link between the veteran's PTSD and his heart condition.

The Board found that the veteran's death was unrelated to his military service or a service-connected disability, and thus denied the claim for service connection for the cause of the veteran's death.

The Board denied the veteran's claim for DIC under 38 U.S.C.A. § 1318 because his service-connected disabilities were not continuously rated totally disabling for a period of 10 years or more immediately preceding death.

The Board has decided to remand the case for additional development, including obtaining medical records and information from Social Security Administration.

The Board denied an earlier effective date for the award of TDIU, finding that entitlement to TDIU is not factually ascertainable prior to August 1, 1990.

The Board denied service connection for emphysema, a psychiatric disorder (claimed as anxiety and depression), and arthritis of the joints. The veteran's claims were not supported by competent medical evidence linking these conditions to his military service.

The Board found that there was no evidence of a psychiatric disorder during service and the veteran did not present with symptoms of an anxiety disorder or depression. Therefore, the claim for service connection for a psychiatric disorder is denied.

The Board denied the veteran's claims for service connection for arthritis of the cervical spine, disability of the knees, left elbow, and feet, a psychiatric disability including anxiety disorder and depression, and vertigo. The appeals were all denied as new and material evidence was not received to reopen any of these previously denied claims.

The Board has granted service connection for a psychiatric disability, including depressive and anxiety disorders. The veteran's initial rating of 30 percent is maintained.