Anxiety decisions — 2006

The Board has determined that the veteran's current generalized anxiety disorder is service-connected.

The Board has denied the veteran's claims for service connection for respiratory infections, including bronchitis and an effective date prior to July 26, 2001, for the grant of service connection for anxiety disorder.

The Board has determined that new and material evidence is needed to reopen the claim of service connection for cause of death, as the prior denial found no link between the veteran's service-connected anxiety and his high blood pressure contributing to his death.

The Board denied the veteran's claim for service connection for a psychiatric disorder, including PTSD, finding that new and material evidence had not been submitted to reopen the claim. The RO provided VA compensation examination in June 1999 which concluded that the veteran did not serve in combat and found his reported stressors were exaggerated.

The Board has decided to remand the case for additional development due to incomplete records and to ensure all pertinent data are of record.

The Board has denied an increased rating for anxiety reaction and service connection for hypertension and heart disorder as secondary to the veteran's service-connected anxiety reaction. The case is remanded for further examination and development of records.

The Board has determined that the effective date for a 100% evaluation for service-connected psychiatric disability should be June 1, 2000.

The Board has determined that the veteran's service-connected esophageal cancer with hiatal hernia and generalized anxiety disorder contributed to his death from congestive heart failure.

The Board has determined that the veteran's psychiatric disability, specifically anxiety disorder and PTSD, warrants a rating of 30 percent, reflecting significant impairment in occupational and social functioning.

The Board denied the veteran's request for waiver of overpayment of disability compensation benefits due to a reduction in benefits caused by incarceration. The decision found that the veteran was at fault for not notifying VA about his felony conviction and incarceration, but also noted that recovery would violate principles of equity and good conscience.

The Board denied the veteran's claims for increased evaluation of schizophrenia and TDIU, finding that his service-connected disability did not meet the criteria for a higher rating or render him unemployable.

The Board denied the veteran's claims for service connection for basal cell carcinoma and a cardiovascular disability secondary to an anxiety disorder, as well as his claim for compensation under 38 U.S.C.A. § 1151 for hearing loss resulting from surgery to remove basal cell carcinoma. The appeal is also denied regarding entitlement to increased rating for an anxiety disorder and a rating in excess of 10 percent for trichophytosis of the feet.

The April 1987 rating decision upheld the veteran's 10 percent disability rating for generalized anxiety disorder, finding that his condition did not warrant a higher rating based on the evidence of record.

The Board found no relationship between the appellant's military service and his current psychiatric disorders, including Generalized Anxiety Disorder and Panic Disorder. Therefore, the claim for service connection was denied.

The veteran did not have a service-connected disability rated as totally disabling for at least ten years prior to his death, and thus DIC benefits pursuant to 38 U.S.C.A. § 1318 are denied.

The Board has determined that there is no current diagnosis of a seizure disability, and thus the veteran's claim for service connection for seizures with anxiety attacks, difficulty concentrating, stress fatigue, and panic attacks is denied.

The veteran's claim for payment of medical expenses incurred in December 2003 was timely submitted and the VA has agreed to cover these costs.

The veteran's anxiety disorder is currently evaluated as 30 percent disabling, but the Board denied his claims for increased ratings and TDIU.

The Board found that the veteran filed a timely substantive appeal regarding the September 2001 rating decision, but denied the claim of clear and unmistakable error in the October 1948 rating action.

The Board denied the veteran's claims for a rating in excess of 50 percent for major depressive disorder and generalized anxiety disorder, as well as his claim for TDIU due to service-connected disabilities. The ratings assigned were found insufficient to meet the criteria for these claims.