Anxiety decisions — 2008

The Board has denied the veteran's claim for an earlier effective date of January 9, 2003, for his TDIU due to the lack of evidence showing he was unemployable prior to that date.

The Board denied the veteran's claims for service connection for anxiety disorder, bilateral pterygium, and bilateral decreased vision as secondary to his service-connected conjunctivitis. The evidence did not meet the criteria for new and material evidence, and there was no competent medical opinion linking these conditions to active service or service-connected conjunctivitis.

The Board has reopened the claim for service connection for residuals of a nonunion fracture of the right medial malleolus due to new and material evidence. The veteran's preexisting condition was aggravated by active military service, warranting service connection.

The Board has found no evidence of a chronic sinus condition in service and denied the veteran's claim for service connection for sinusitis. The issues pertaining to lumbar radiculopathy, gastrointestinal disturbance, and anxiety disorder are REMANDED.

The Board found that the veteran did not engage in combat and his claimed stressors were not verified. The evidence does not support a finding of service connection for PTSD or any other psychiatric disorder.

The Board found that the veteran's current anxiety and depression diagnoses are not linked to his service, and thus denied his claim for service connection.

The Board has reopened the veteran's claim for service connection for an acquired psychiatric disorder, including anxiety and depression. The evidence now shows that her symptoms likely began during service due to stressors experienced there.

The veteran's claim for special monthly pension by reason of need for regular aid and attendance has been granted due to his multiple nonservice-connected disabilities, including COPD with sleep apnea, major depressive disorder, lumbar stenosis, diabetes mellitus (type II), and hypertension. The Board found that the veteran requires daily assistance in performing certain activities.

The veteran's GERD is not shown to be manifested by persistently recurrent gastric distress with dysphagia, pyrosis, and regurgitation, accompanied by substantial arm or shoulder pain, productive of considerable impairment of health.,The veteran does not have a medically supportable diagnosis of PTSD due to a verified stressor or other potentially verifiable event or incident of his period of active service.,By extending the benefit of the doubt to the veteran, his disability manifested by an anxiety disorder is due to disease that was incurred in active service.,The veteran does not have a current disability manifesting cervical spine pain due to any event or incident of his active service.,The veteran's lumbosacral spine pain is not shown to be due to an injury or other event or incident of the veteran's period of military service.

The Board has granted service connection for anxiety as secondary to the veteran's service-connected conditions, including his knee and back disorders.

The veteran's claim of entitlement to service connection for generalized anxiety disorder was denied as he failed to report for a scheduled VA examination.

The Board has remanded the case for further development, including scheduling a VA examination to determine the nature and etiology of any current psychiatric disability found to be present.

The veteran's claim for special monthly pension based on need for aid and attendance or being housebound was denied as he does not meet the requirements for these benefits due to his severe disability but lack of actual need for regular aid and assistance.

The veteran's appeal is being remanded due to her request for a Travel Board hearing. Her claims regarding service connection and non-service-connected pension are still pending.

The Board has denied the veteran's claims for service connection for generalized anxiety disorder secondary to his hearing loss and an initial compensable rating for bilateral hearing loss. The effective date for service connection of bilateral hearing loss and tinnitus was granted as December 23, 2003.

The veteran's death was caused by coronary artery disease, which is service-connected. The Board has granted service connection for the cause of death and therefore does not need to address the DIC claim under 38 U.S.C. § 1318.

The veteran's claim for an increased rating for his generalized anxiety disorder is being remanded due to the need for a current VA psychiatric examination and additional treatment records.

The Board found no evidence of a chronic eye disability or anxiety disorder that was incurred in service. The veteran's current diagnoses do not meet the criteria for service connection under applicable laws and regulations.

The Board denied service connection for a claimed innocently acquired psychiatric disorder, including PTSD. The evidence did not support the diagnosis of PTSD.

The veteran's claim for a total disability rating based on individual unemployability (TDIU) due to service-connected disabilities is being remanded for further evaluation and examination.