Anxiety decisions — 2008

The Board denied the veteran's claims of service connection for PTSD and a psychiatric disorder, finding that new evidence did not raise a reasonable possibility of substantiating these claims.

The veteran's nonservice-connected disabilities do not meet the criteria for special monthly pension by reason of being housebound or needing regular aid and attendance.

The veteran's current psychiatric disability, specifically her post-traumatic stress disorder, is found to be the result of sexual assaults during her period of active military service. Service connection for this condition is granted.

The Board denied service connection for the cause of the veteran's death and also determined that the appellant's income exceeded the established limit for receipt of nonservice-connected death pension benefits.

The veteran's claim for service connection for an acquired psychiatric disorder, to include PTSD, is being remanded due to the need for additional development and examination.

The veteran's appeal is remanded for additional development, including obtaining medical records and scheduling a psychiatric examination to determine the nature, extent, and etiology of any current psychiatric disorders.

The veteran's service-connected disabilities do not render him unemployable, as his anxiety disorder and tinnitus significantly affect his ability to work in a structured environment. The combined rating of 70% does not meet the threshold for TDIU.

The Board has determined that the veteran's claimed acquired neuropsychiatric disorder, including PTSD, depression and anxiety, was not incurred in or aggravated by service. The claims for hepatitis C, degenerative disc disease, and grinding of teeth were also denied.

The Board has remanded the veteran's claims due to incomplete evidence and procedural defects, including a need for comprehensive psychiatric testing and service personnel records. The veteran is also advised that failure to report for any scheduled examination may result in the denial of his claims.

The Board has ordered additional development due to the need for VCAA compliance regarding service connection and effective date considerations.

The veteran's claims for increased ratings for bilateral hearing loss and tinnitus were denied. The RO found that the criteria for higher ratings were not met before October 31, 1995; prior to January 10, 2003; and since January 10, 2003.

The veteran was found to be unemployable due to his service-connected disabilities prior to September 21, 2006. The medical evidence supports the finding that he could not secure or follow a substantially gainful occupation.

The Board has determined that the veteran's anxiety disorder is related to his military service and grants service connection for this condition. The low back and kidney conditions are not currently addressed as they may be related to service, but further examination is needed.

The veteran requested to withdraw their appeal, and the Board has dismissed it.

The veteran does not have a gastrointestinal disability, sleep disability, respiratory disability, fatigue-related condition, or an anxiety disorder that is related to his service. His PTSD has been rated as 10 percent disabling.

The Board has remanded the case due to insufficient verification of active duty periods and a need for further medical examination to determine if service connection can be established for the claimed conditions.

The Board has determined that the veteran's anxiety disorder warrants a rating of 70 percent, effective from the date of his claim.

The veteran's appeal is being remanded for additional development, including a VA examination to assess the current severity of her service-connected depression with anxiety, adjustment disorder with mixed emotional features, and history of bipolar disorder. The issue of individual unemployability (TDIU) will be deferred pending resolution of the rating.

The Board has granted a compensable rating of 30 percent for the veteran's anxiety disorder with agoraphobia and panic attacks, effective March 16, 2006.

The veteran's anxiety disorder is currently rated at 30 percent, which is the maximum schedular rating available. His malaria disability does not meet the criteria for a compensable rating.