Anxiety decisions — 2007

The Board denied the veteran's claims for an earlier effective date for a 100% rating and for a disability rating in excess of 30 percent for PTSD from July 26, 1994 to January 17, 1995. The claim for a compensable rating prior to July 26, 1994 was also denied.

The veteran's claim for a higher rating for his dyshidrotic dermatitis is remanded due to the need for further development. His claim for service connection for generalized anxiety disorder will be addressed by the RO via the Appeals Management Center (AMC).

The Board denied the veteran's claims of service connection for an anxiety disorder and residuals of a neck injury including degenerative cervical spondylosis as secondary to right ankle degenerative arthritis, and also denied his claim for an initial evaluation in excess of 20 percent for right ankle degenerative arthritis. The VA examinations indicated that the right ankle disability was manifested by marked limitation of motion with constant pain, swelling, instability, weakness, catching, clicking, and popping.

The Board denied the veteran's claims for service connection for depression, anxiety, cataracts, hypertension, and diabetes mellitus due to radiation exposure. The evidence did not show these conditions were incurred during service or related to any in-service radiation exposure.

The Board has determined that the veteran's service-connected disabilities did not cause or contribute to his death. The appellant's claim for service connection for the cause of the veteran's death is denied.

The veteran's service-connected anxiety disorder did not cause or contribute to his death. The claim for DIC benefits under 38 U.S.C.A. § 1310 is denied because the veteran had a 100% disability rating at the time of his death, but no pending claims were found. Accrued benefits are also denied as there was no outstanding claim.

The Board denied service connection for the cause of the veteran's death, finding that tinnitus and psychiatric disorders were attributable to service. However, the medications prescribed for these conditions did not contribute substantially or materially to his death.,The claim under 38 U.S.C.A. § 1151 was also denied as there was no evidence showing that VA medical treatment with Xanax contributed to the veteran's death.

The Board has granted service connection for PTSD with anxiety and depression. The veteran's current diagnoses of a stomach disorder and migraine and cluster headaches are related to his service-connected PTSD.

The Board has denied the veteran's claims for service connection for various conditions, including bilateral lung condition, depression, anxiety disorder, headaches secondary to sinusitis, bilateral hearing loss, and tinnitus. The evidence did not support a current diagnosis of any of these conditions.

The Board found that the veteran's dysthymic disorder, unrelated to his military service, was not incurred during or as a result of his active duty. Service connection for PTSD and anxiety disorders is denied.

The veteran's generalized anxiety disorder is rated at 50% since July 20, 2006. His neuropathy of the left leg was initially rated at 10%, but now rated at 20%. Both conditions are currently granted.

The Board has determined that the appellant does not have any of the claimed conditions until many decades after service, and thus cannot be presumed to have been incurred in or aggravated by service. The appellant's verified service with the recognized guerrillas is also not considered qualifying active military service for VA pension purposes.

The veteran's claim for special monthly pension on account of the need for aid and attendance or being permanently housebound was denied as he does not meet the criteria for either benefit.

The Board has determined that new and material evidence has been submitted to reopen the claim for service connection for a psychiatric disability, including schizophrenia, major depressive disorder, and anxiety. The claim is granted.

The Board has dismissed the claim for a rating in excess of 40 percent for bilateral hearing loss. The claim for an initial rating in excess of 10 percent for anxiety disorder is remanded to the RO.

The Board granted a 50 percent disability rating for the veteran's service-connected adjustment disorder with mixed anxiety and depressed mood, effective as of July 13, 2005. The previous rating was 30 percent.

The Board has remanded the case due to insufficient evidence regarding the extent of service-connected disorders in the years preceding the veteran's death, and for consideration of additional information submitted by the appellant.

The veteran's service-connected generalized anxiety disorder results in occupational and social impairment with occasional decrease in work efficiency, but does not meet the criteria for a higher rating.

The Board finds that there was no unadjudicated informal claim for a total disability rating based on individual unemployability (TDIU) raised by the September 1973 VA examination reports. The veteran's claim was addressed in the context of an increased rating claim, and the RO considered the evidence to include the social work service report and VA treatment records.

The Board denied the veteran's claim for an earlier effective date for service connection of PTSD, finding that there was no clear and unmistakable error in the April 1996 rating decision denying service connection. The effective date remains February 20, 2002.