Anxiety decisions — 2006

The VA determined that the veteran's anxiety disorder was not incurred or aggravated by service.

The veteran's service-connected generalized anxiety disorder is currently rated at 50 percent, but the Board has granted a higher rating of 70 percent based on more severe symptoms.

The Board has remanded the case for additional development, including obtaining Social Security Administration records and VA treatment records. The veteran's stressor allegations will also be verified, and he will undergo appropriate examinations to determine the nature of his current disabilities.

The Board denied the veteran's claims for an increased rating for his service-connected PTSD and TDIU, finding that his psychiatric disability does not meet the criteria for a higher evaluation or TDIU based on his service-connected disabilities.

The Board denied the veteran's claim for an effective date earlier than March 30, 2001 for a 100 percent rating for anxiety neurosis, finding that there was no evidence of entitlement to such rating within one year before March 30, 2001.

The Board denied service connection for an acquired psychiatric disorder, a chronic gastrointestinal disorder, and a chronic prostate disorder. Service connection was also denied for bilateral hearing loss, Hepatitis C, and sleep apnea.,Service connection was not granted for PTSD or tinnitus due to insufficient evidence.

The Board has determined that the veteran's generalized anxiety disorder does not meet or approximate the criteria for a disability rating in excess of 30 percent.

The Board found no evidence of service connection for the claimed conditions and denied all claims.

The Board denied service connection for various disabilities, including left and right hip disabilities, anxiety, insomnia and memory loss, left and right knee disabilities, and gastroileitis. The evidence did not support the veteran's claims as there was no indication of these conditions during or immediately after service.

The Board denied the veteran's claims for increased ratings, service connection, and TDIU. The anxiety disorder was rated at 30 percent, PTSD was not established as a separate condition, arteriosclerotic heart disease was not related to service, tinnitus was not diagnosed, and there were no new and material evidence found for the claim of migraine headaches. The veteran's service-connected anxiety disorder did not preclude him from performing substantially gainful employment.

The veteran's claims for service connection for bilateral hearing loss and anxiety reaction were denied. The May 1969 rating decision reducing the disability evaluation for anxiety reaction was upheld as not being clearly and unmistakably erroneous. The claim for an effective date prior to May 5, 1999, for a PTSD increased evaluation is denied.

The Board has determined that the veteran's claims must be remanded for further development, including obtaining VA and private medical records, scheduling VA examinations, and considering both the previous and revised rating criteria for evaluating back disabilities.

The veteran's appeal is being remanded for further examination and consideration of his service-connected anxiety disorder to determine if it alone meets the criteria for a TDIU.

The Board denied the veteran's claim for an effective date prior to April 1, 2004 for additional compensation based on his dependent spouse due to lack of evidence within one year of notification of a combined disability rating increase.

The Board found that the veteran's acquired psychiatric disorder, including PTSD, was not incurred in or aggravated by service and a psychosis may not be presumed to have been incurred therein.

The veteran's death was not caused by any service-connected disability, and the appellant did not meet the criteria for DIC benefits under 38 U.S.C.A. § 1318.

The Board found that the veteran's currently demonstrated dysthymic disorder, generalized anxiety disorder, and simple phobia are not related to his military service. The claim for service connection was denied.

The Board has denied the veteran's claims for increased ratings for his anxiety disorder and skin disability, finding that the evidence does not support a higher rating under the applicable VA rating criteria.

The Board found that the veteran's anxiety disorder and obsessive-compulsive personality disorder pre-existed service and were not aggravated by service, thus denying service connection for these conditions.

The Board has denied the appellant's application to reopen her claim for DIC benefits under 38 U.S.C.A. § 1318, finding that she did not submit new and material evidence regarding the veteran's service-connected disabilities at the time of his death.