Anxiety decisions — 2007

The veteran's appeal is being remanded for further evaluation and consideration of his claim for a motorized scooter due to his service-connected conditions, including severe cardiovascular disease and gastrointestinal disorder. The case will be reviewed by the Major Medical Equipment Committee.

The Board has determined that the veteran's claims for an increased rating of a psychiatric disorder and a total rating based on individual unemployability must be remanded to ensure compliance with applicable law.

The Board has remanded the case for further development, including obtaining Social Security Administration records and issuing a supplemental statement of the case (SSOC) on the issue of an increased rating for schizoaffective disorder.

The Board has granted service connection for major depressive disorder, generalized anxiety disorder, panic disorder with agoraphobia, and obsessive-compulsive disorder. The other issues on appeal are either denied or not in appellate status.

The veteran's death was not due to a service-connected disability, and the criteria for entitlement to DIC benefits under the provisions of 38 U.S.C.A. § 1318 have not been met.

The Board has remanded the case for further development due to the need to verify stressors and determine if the veteran's acquired psychiatric disorders, including PTSD, are related to service.

The Board has determined that a VA examination is necessary to determine if the veteran's anxiety, agoraphobia, and mental illness are related to her active duty service. The veteran also needs to provide records from San Diego Health and Human Services.

The Board found that the veteran's death was not caused by any service-connected disabilities, and thus denied the claim for service connection for the cause of the veteran's death.

The veteran's bilateral hearing loss is currently rated at Level II in the right ear and Level III in the left ear, which does not meet the criteria for a compensable rating.,The veteran's general anxiety disorder is currently rated at 30 percent. The medical evidence shows that despite his condition, he functions relatively well with a GAF score of 70.

The Board found that the cause of the veteran's death, suicide by hanging, is not service-connected because there was no evidence showing a connection between his psychiatric disorders and military service.

The Board has determined that the preponderance of the evidence is against the veteran's claims for service connection for hepatitis C, lumbosacral strain, cellulitis of the legs, and generalized anxiety disorder.,There is no competent medical evidence linking any of these conditions to service.

The Board has ordered the VA to obtain additional medical records related to the veteran's gastric mobility, anxiety, and depression. The claims will be reconsidered after these records are obtained.

The Board found that the veteran's generalized anxiety disorder and bilateral leg disabilities do not meet or approximate criteria for higher disability ratings, thus denying his claims.

The Board denied the veteran's claim for an effective date prior to April 5, 2001 for a 100 percent rating for his anxiety reaction due to lack of timely submission of a notice of disagreement and factual unascertainability regarding the onset of disability.

The Board denied the veteran's claim of clear and unmistakable error in the March 1997 rating decision that assigned a 100% disability evaluation for anxiety disorder effective March 13, 1992. The evidence did not support an earlier effective date based on the provisions of 38 U.S.C.A. § 5110(b)(2) and 38 C.F.R. § 3.400(o).

The Board has denied the veteran's claim for service connection for a chronic psychiatric disorder, finding that there is no evidence linking his current anxiety disorder to his military service.

The Board has determined that the veteran does not have a currently diagnosed chronic psychiatric disorder, such as depression and anxiety, incurred in or aggravated by his military service. Therefore, the claim for service connection is denied.

The veteran's service-connected conditions do not meet the criteria for special monthly compensation based on need for regular aid and attendance or housebound status.

The veteran's claim for higher ratings for generalized anxiety disorder was denied by the RO, and he is currently receiving a 50 percent rating effective June 19, 2006.

The Board denied the veteran's claims for service connection for bilateral hearing loss and a psychiatric disorder, finding no evidence of current disabilities or causation related to military service.