Anxiety decisions — 2008

The veteran's TDIU claim is being remanded due to the need for additional evidence and a VA psychiatric examination. The claims of increased rating for anxiety disorder and service connection for lung cancer due to Agent Orange exposure are also pending.

The Board found that the veteran does not currently suffer from PTSD and there is no medical evidence linking his current psychiatric disability to his service. The claim for service connection was denied.

The Board has granted the veteran's claims for service connection for an acquired psychiatric disorder, anxiety and depression. The decision also grants increased ratings in excess of 10 percent for his left knee status post repair of ACL with instability and osteoarthritis with painful limitation of motion.

The Board has remanded the case for additional development, including obtaining VA outpatient treatment records and verifying in-service stressors. The veteran's claims for service connection for a psychiatric disability (including PTSD) and an increased rating for pes planus with traumatic arthritis of both great toes are also being reviewed.

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

The Board has denied the veteran's claims for service connection for major depression, a bilateral shoulder disability, and a bilateral eye disability (characterized as floaters). The denial is based on the lack of evidence showing a current diagnosis or disease related to these conditions.

The Board denied the veteran's claim for an effective date earlier than January 19, 84 for the award of a TDIU based on his service-connected schizophrenia with anxiety.

The Board has determined that additional development is needed for the veteran's claims, including obtaining medical records and scheduling examinations to assess his current disability levels. The case will be returned to the RO for further action.

The Board has restored the veteran's original 30% rating for anxiety, effective from April 1, 2006 to August 16, 2006. The issue of entitlement to an earlier effective date for a 50% rating for anxiety is remanded.

The veteran's PTSD is rated at 50 percent, and he has service connection for hypertension and tinnitus. The right ankle disability claim was not addressed due to the veteran's prior disapproval.

The veteran's anxiety disorder is rated at 50% disabling, and service connection for hypertension and a heart disability are denied.

The Board finds that the preponderance of evidence does not support a finding that the veteran's current psychiatric disorders are related to his military service, and therefore denies the claim for service connection.

The veteran is found to be so nearly helpless as to require the regular aid and attendance of another person, meeting the criteria for special monthly pension based on need for regular aid and attendance.

The veteran's death was not caused by a service-connected disability, and therefore, he is not eligible for service-connected burial allowance.

The veteran's claim for an increased evaluation of his service-connected PTSD is being remanded due to the need for additional development, including obtaining records from the Dallas Vet Center and requesting an examination addendum.

The veteran's death is being reviewed for service connection and DIC under 38 U.S.C.A. § 1318, with additional development needed to address the cause of death and potential exposure issues.

The Board found that the veteran's adjustment disorder with depression and anxiety did not manifest during service and has not been shown to be causally related to his military service. Therefore, the claim for service connection was denied.

The Board denied the veteran's claim to reopen his service connection for an acquired psychiatric disorder, including bipolar disorder, anxiety state, and PTSD. The decision stated that new and material evidence had not been received.

The Board dismissed the veteran's claim for an earlier effective date of December 20, 1999 for a 70 percent rating for his psychiatric disorder as it is final due to the veteran withdrawing his appeal and not expressing disagreement within one year.

The Board has determined that the veteran's current psychiatric conditions, including PTSD, are related to her in-service sexual assault and is granting service connection for these conditions.