Anxiety decisions — 2008

The Board has determined that the veteran's anxiety disorder is proximately due to his service-connected right orchiectomy, and thus grants the claim for service connection.

The veteran's appeal is being REMANDED to the RO via the Appeals Management Center (AMC) in Washington, D.C. for further review.

The Board has granted service connection for PTSD, finding that the veteran's claimed sexual assault in service is corroborated by other evidence and establishing a link between his current PTSD diagnosis and this alleged stressor.

The Board denied the veteran's claims for service connection for mustard gas exposure, personality disorder, chronic anxiety due to medication, alcohol abuse, and peptic ulcer disease. The appeals were based on direct service connection.

The veteran's claim for special monthly compensation based on the need for regular aid and attendance or upon housebound status was denied as he does not meet the criteria due to his only service-connected disability being anxiety reaction, which is a direct service connection. He also did not have additional disabilities rated at 60% or more.

The veteran died in February 2005 due to acute myocardial infarction and coronary artery disease. The cause of death is not related to his service or any service-connected conditions.

The Board has determined that the veteran does not meet the criteria for a temporary total disability rating based on hospitalization or convalescence due to service-connected depression with anxiety. The issue of an increased rating for depression with anxiety is addressed in the REMAND portion of this decision.

The Board denied the veteran's claim of entitlement to service connection for depression and anxiety because he did not file a timely substantive appeal within the required time frame.

The Board found that the veteran's anxiety disorder, while manifested by sleep impairment, depression, and anxiety, did not meet the criteria for a disability rating in excess of 50 percent.

The veteran's multiple disabilities, including psychiatric disorders and physical conditions such as diabetes and arthritis, are found to be severe enough to render him unable to engage in substantially gainful employment. The Board grants a permanent and total disability rating for pension purposes.

The Board denied service connection for PTSD, but granted service connection for generalized anxiety disorder and depression with a 10 percent initial evaluation. The veteran's claim for an increased rating to 50 percent was also denied.

The Board found no evidence of a current right ankle disability, PTSD, or an acquired psychiatric disorder that is related to service. The veteran's claims for these conditions were denied.

The Board found that the veteran does not have a current disability of hearing loss as defined by VA regulations. For his knee and hand conditions, the evidence did not meet the criteria for higher ratings under the applicable diagnostic codes. The adjustment disorder with depression and anxiety was also not rated at a higher level.

The Board denied the veteran's claims for service connection for hypertension and anxiety and depression, finding no current diagnosis of these conditions. The Board also found that there was insufficient evidence to link these conditions to service.

The Board denied a request for an earlier effective date of July 5, 2005, for the award of Total Disability Rating due to Individual Unemployability (TDIU) because it was not factually ascertainable that the veteran's service-connected anxiety disorder prevented him from securing or following substantially gainful employment prior to this date.

The Board has determined that the veteran's acquired psychiatric disability, most recently diagnosed as a depressive disorder, was incurred due to active service and is granted service connection.

The Board has found service connection granted for non-Hodgkin's lymphoma, right hand tremor, and anxiety and depression due to exposure to herbicides (presumptive under Agent Orange Act), DDT, and other chemicals during military service in Korea.

The veteran's generalized anxiety disorder has been rated at the maximum schedular evaluation of 100 percent since August 28, 1991.

Prior to March 13, 2008, the veteran's generalized anxiety disorder and depressive disorder were manifested by moderate symptoms including anxiety with some depressed mood about once a week, crying spells, poor sleep, several panic attacks, and a GAF score range of 55 to 68. The evaluation was denied.

The Board dismissed the appeals for increased evaluations of chronic anxiety with depression and tension headaches due to a failure to timely file a Substantive Appeal within the required time frame.