Anxiety decisions — 2007

The veteran's claim for nonservice-connected pension benefits is being remanded due to the need for additional medical records and a VA examination.

The Board has determined that the veteran's anxiety disorder does not meet or approximate the criteria for a higher initial disability rating, and thus denied his claim.

The veteran's death was not service-connected, and the claim for DIC benefits under 38 U.S.C.A. § 1318 is denied.

The veteran's claims for service connection were denied as his conditions did not meet the criteria for presumptive service connection due to undiagnosed illnesses.

The Board has granted a 30 percent evaluation for bronchial asthma, which approximates the criteria set forth in the rating schedule. The veteran's generalized anxiety disorder is not rated higher as there are no symptoms warranting a 30 percent evaluation.

The Board found that there is no competent medical evidence linking the veteran's acquired psychiatric disorder, other than PTSD, to his military service. The claim for service connection was therefore denied.

The veteran's anxiety disorder is productive of occupational and social impairment with reduced reliability and productivity, warranting a 50 percent disability rating.

The Board has granted an increased disability rating of 30 percent for the veteran's service-connected anxiety disorder/PTSD, effective from the date of the July 2004 rating decision.

The Board has determined that the veteran's claimed conditions, including cervical spine disability, diabetes mellitus, hypertension, sleep apnea, sarcoidosis, dizziness and fainting spells, pain in joints, leg cramps, anxiety and stress, and shortness of breath, were not incurred or aggravated by service. The decision is based on a finding that the current diagnoses are not related to service.

The veteran has withdrawn his appeal, effectively ending the proceedings.

The Board has determined that the veteran's generalized anxiety and somatoform disorder with seizures warrant a 50 percent disability rating, but not an increased rating.

The Board found no evidence of degenerative disc/joint disease, prostatitis, or generalized anxiety disorder during the veteran's period of active service. The VA examiner did not find any pathology related to these conditions.,Service connection was denied for all three conditions as there is no medical evidence linking them to the veteran's military service.

The Board denied the veteran's claims for increased ratings for his service-connected anxiety neurosis, finding that the evidence did not meet the criteria for a rating in excess of 30 percent from February 10, 2003, through December 12, 2006, and did not meet the criteria for a rating in excess of 50 percent from December 13, 2006.

The veteran's psychiatric disability, including elements of PTSD, is found to be related to his service. Bilateral hearing loss and gastrointestinal disorders are also found to be related to his service. Asbestos exposure is not found to be related to the veteran's service.

The Board has denied the veteran's claims for service connection for PTSD and Anxiety with Depression, finding that there is no current diagnosis of PTSD in accordance with VA regulations and insufficient evidence to establish a nexus between the claimed disabilities and service.

The Board found that the veteran's death by drowning was accidental rather than due to a service-connected disability, and concluded that his anxiety disorder did not cause or contribute substantially or materially to his death.

The Board found that the veteran's psychiatric disabilities, including depression and anxiety disorder, were not incurred in or aggravated by active duty service. The diagnoses are related to his own willful misconduct with alcohol.

The veteran's claims for increased disability ratings for lumbosacral strain, depression with anxiety, and headaches are being remanded due to the need for further development.

The Board denied the veteran's claim for a total disability rating based on individual unemployability due to service-connected disabilities prior to January 27, 1989. The combined service-connected disability rating was less than 100% during this period and did not meet the minimum percentage criteria for TDIU.

The Board found that the veteran's current acquired psychiatric disorder, diagnosed as an adjustment disorder with mixed anxiety and depressed mood and some elements of PTSD, is related to his military service. The Board also granted a 40 percent rating for his right shoulder disability since October 12, 2006.