Anxiety decisions — 2008

The Board has denied the veteran's claims for service connection for hypertension, anxiety, an eye disorder, a cold weather injury of the left lower extremity, and a stomach condition. The reasons include lack of evidence linking these conditions to service or post-service onset.

The veteran's claim for service connection for asbestosis was denied. The claims for service connection for anxiety, hearing loss, and tinnitus are also denied.

The veteran's appeal is being remanded for further development, including VA examinations and the provision of notice letters.

The veteran's generalized anxiety disorder is productive of severe social and industrial impairment, warranting a 70 percent disability rating.

The veteran's GAD and depressive disorder were productive of mild to moderate symptoms prior to November 8, 2007. As of that date, his symptoms worsened significantly, warranting a higher disability rating.

The Board has remanded the case for additional development, including obtaining VA clinical records and scheduling a VA psychiatric examination to determine if the veteran's anxiety and depression are related to his service or any service-connected disability.

The veteran's claim for compensation under 38 U.S.C.A. § 1151 was denied because the anxiety disorder he incurred is not considered to be a result of carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault on the part of VA.

The Board has determined that the veteran's service-connected anxiety state contributed to his fatal heart disease, which was a contributing factor in his death. Therefore, service connection for the cause of the veteran's death is granted.

The Board has decided to remand the case for further development, including requesting a response from Dr. M.D.J. and possibly scheduling another VA examination.

The Board has denied the veteran's claims for service connection for a left shoulder disability, an acquired psychiatric disability to include depression and anxiety, headaches, residuals of infarction of the left cerebellum (including facial numbness and facial paresthesia), and irritable bowel syndrome.,An initial evaluation of 30 percent for headaches is granted effective June 29, 2005.

The Board has ordered a remand to determine if the veteran's current generalized anxiety disorder is related to his military service.

The veteran's claim for an increased rating for his service-connected generalized anxiety disorder is being remanded due to inadequate reasons and bases provided in the previous Board decision. The case will be returned to the RO for further action, including scheduling a VA examination.

The Board has determined that the veteran's acquired psychiatric condition, including anxiety and depression, was not incurred in or aggravated by active duty service. The claim is denied.

The Board has determined that the veteran's generalized anxiety disorder with depressed mood is related to his active military service and grants service connection for this condition.

The Board denied the veteran's claims for service connection for a psychiatric disorder, neck condition, and low back condition. The evidence did not support a finding that these conditions were related to military service.,There was no pre-existing personality disorder noted during service, and current diagnoses of anxiety disorder do not meet the criteria for service connection.

The veteran's claims for earlier effective dates for service connection and increased ratings were denied. The Board found that the earliest date of entitlement for allergic rhinitis was January 18, 2005, and for erectile dysfunction and special monthly compensation based on loss of a creative organ was February 22, 2005.,The veteran's claims for gastroesophageal reflux disease (GERD), anxiety, and initial compensable evaluation for hypertension were not addressed as they are separate issues from the service connection and increased rating claims.

The Board denied the veteran's claims for recognition as a former prisoner of war, entitlement to an earlier effective date for service connection, and entitlement to higher initial ratings. The appeal regarding PTSD was referred to the RO for further action.

The veteran's attorney is not entitled to payment of attorney fees from past-due benefits because the fee agreement was executed more than one year after a Board decision that failed to address service connection for Generalized Anxiety Disorder.

The veteran's appeal for nonservice-connected pension benefits was denied. The claim to reopen his service connection for anxiety disorder and depression was also denied due to lack of new and material evidence.

The Board denied the veteran's claims for increased ratings and service connection, finding that the reduction of benefits due to incarceration was proper and that the other claims were not supported by evidence.