Anxiety decisions — 2006

The veteran's generalized anxiety disorder with PTSD features and right ear hearing loss have been granted service connection, but the evaluations are at their minimum (10%) since November 27, 2002.

The Board has determined that the veteran's current psychiatric disorder, diagnosed as depressive disorder and anxiety disorder, had its onset during service. As such, the claim for service connection is granted.

The VA denied the veteran's claims for higher ratings for PTSD and anxiety, assigning a 10 percent rating from November 29, 2001 to November 17, 2003, and a 30 percent rating from November 18, 2003. The decision is based on the veteran's symptoms of intrusive memories, flashbacks, nightmares, anxiety, irritability, and difficulty sleeping.

The Board has determined that the veteran's anxiety reaction did not meet the criteria for a disability evaluation in excess of 30 percent prior to July 19, 1999 or in excess of 50 percent as of July 19, 1999.

The Board has remanded the case due to incomplete records and the need for further examination.

The Board denied the veteran's claims for a compensable evaluation for chorioretinitis, service connection for generalized anxiety disorder and headaches, all of which were secondary to his service-connected chorioretinitis.

The Board has remanded the case due to the need for further development, including a VA examination to determine if the veteran's current anxiety disorder is related to his military service.

The Board has remanded the case for additional development, including obtaining a medical opinion regarding whether the veteran's service-connected disabilities were at least as likely as not the immediate or underlying cause of his death. The appeal is also remanded to determine eligibility for Dependents' Educational Assistance benefits under 38 U.S.C.A. Chapter 35.

The Board denied service connection for both psychiatric disability (including PTSD) and a dental disorder, finding no evidence of such conditions in service or related to service.

The veteran's claimed conditions, including ulcerative colitis, seizure disorder, psychiatric disorder (anxiety/stress), and respiratory disorder (reactive airway disease and chronic cough) are not shown to have had their clinical onset in service or be due to any event or incident therein. Therefore, the claims for service connection are denied.

The Board has determined that the veteran's diabetes mellitus was not incurred as a result of his active service and may not be presumed to have been incurred therein. The issues regarding increased ratings for service-connected lumbosacral strain and generalized anxiety disorder, as well as a total disability rating based on individual unemployability, are addressed in the REMAND portion of this decision.

The Board has determined that the appellant does not have a current psychiatric disability related to his military service, and therefore denied his claim for service connection.

The veteran's pituitary tumor, anxiety disorder, and cardiac disorder (claimed as atrial tachycardia) are not service-connected due to Agent Orange exposure. The Board found no evidence of these conditions during service or within one year post-service, and the medical evidence does not link them to Agent Orange exposure.

The Board has granted a 50 percent disability rating for the veteran's service-connected PTSD, effective from April 2004.

The Board has determined that new and material evidence has been presented to reopen the claim of service connection for an acquired psychiatric disorder. The veteran's schizoaffective disorder, bipolar type, is presumed to have existed prior to service and was not aggravated by service. His generalized anxiety disorder, panic disorder without agoraphobia, and specific phobia (elevators) are considered to have been incurred during active service.

The Board has determined that new and material evidence has not been received to reopen the claim for service connection for a psychiatric disorder.

The veteran's PTSD with generalized anxiety disorder is currently rated at 50 percent, which meets the criteria for a higher evaluation.

The Board denied the veteran's claim for service connection for an acquired psychiatric disorder, including PTSD and Generalized Anxiety Disorder, finding that there was no evidence to support a diagnosis of PTSD related to his military service.

The veteran's TDIU rating was denied as his service-connected anxiety reaction did not preclude him from engaging in substantially gainful employment.

The veteran's bilateral knee disability and generalized anxiety disorder with panic attacks and depressive features have been granted service connection. The veteran is currently rated at a 10 percent for his generalized anxiety disorder.