Anxiety decisions — 2007

The Board has determined that the veteran's service-connected postoperative residuals of herniated nucleus pulposus materially contributed to his death. Therefore, the appellant is eligible for educational benefits under Chapter 35 of Title 38, United States Code.

The Board has granted the petition to reopen a final disallowed claim for service connection for dysthymic and anxiety disorders. The claims for low back disorder, degenerative joint disease of the cervical spine, and whether new and material evidence has been received to reopen final disallowed claims for migraine headaches are addressed in the REMAND portion of this decision.

The Board has remanded the case due to incomplete development of evidence, particularly regarding physical orthopedic disabilities. The veteran's claims for service connection and earlier effective date are pending.

The Board has reopened the veteran's claim for service connection for an acquired psychiatric disorder and finds that new evidence submitted since the initial denial raises a reasonable possibility of substantiating the claim. The Board also concludes that the current psychiatric disorders are not related to military service.

The veteran's PTSD was granted service connection, but his initial evaluations for anxiety disorder were denied.,PTSD was granted effective September 6, 2000. The veteran received a 100% evaluation for anxiety disorder from October 15, 2004.

The Board denied the veteran's claims for service connection for septic meningitis and PTSD, as well as his claim to reopen a previously denied anxiety disability. The Board also found that there was no evidence of nerve damage or scar from VA care.

The veteran's appeal is being remanded for scheduling a videoconference hearing before the Board of Veterans' Appeals.

The Board denied the veteran's claims for service connection for a generalized anxiety disorder and a gastrointestinal condition, finding that new and material evidence had not been submitted to reopen these claims.

The Board has remanded the case for further development, including addressing the law in effect in 1980 regarding notice of disagreement.

The Board has ordered the case to be remanded for compliance with VA's duty to notify and assist, including providing notice responsive to the particulars of the appellant's claim. The appeal is about service connection for the cause of the veteran's death.

The Board has remanded the case due to inadequate VCAA notice and incomplete medical records, particularly for treatment related to the veteran's left kidney condition.

The veteran's current psychiatric disabilities, including mixed personality disorder with OCD and anxiety, are not related to his active military service.

The Board has denied the veteran's claims for service connection for an acquired psychiatric disorder and compensation under 38 U.S.C.A. § 1151 for residuals of a fall, laceration and broken nose.

The Board has determined that the veteran's generalized anxiety disorder does not warrant a rating in excess of 10 percent, as his symptoms are mild and transient with minimal effect on his daily tasks. The claim for an earlier effective date is without legal merit.

The veteran's unauthorized medical expenses incurred at Aroostook Medical Center on August 17, 2002 were denied as the treatment was for a non-emergent condition unrelated to his service-connected conditions.

The Board has determined that the veteran's generalized anxiety disorder is likely to have had its onset during his period of active service, and thus grants service connection for this condition.

The Board found that the veteran's acquired psychiatric disorder did not have its onset during service and is not otherwise related to his military service. The preponderance of evidence does not support a finding that the veteran's current psychiatric condition is service-connected.

The Board has denied the veteran's claims for increased ratings for residuals of a fractured left ulna and concussion headaches with anxiety neurosis, finding that the current evaluations are appropriate based on the evidence of record.

The Board has determined that the veteran's current psychological disorder is not related to treatment with LSD-25 administered by VA in 1967, and thus denied his claim for compensation under 38 U.S.C. § 1151.

The Board is remanding the veteran's claims for effective dates due to incomplete records and further review by the RO.