Anxiety decisions — 2009

The Board denied the Veteran's claims for service connection of arthritis, scoliosis, cervical dorsolumbar paravertebral myositis (claimed as a back condition), chronic cystic mastitis to include fibroma of the right breast, and anxiety disorder not otherwise specified.

The Board has reopened the Veteran's claim for service connection for depression and anxiety, as new and material evidence has been submitted. The claims of service connection for PTSD, CAD, and a temporary total rating are remanded for further development.

The Board has granted the appellant's claim for service connection for an acquired psychiatric disorder, including anxiety disorder. The appellant was not diagnosed with PTSD but his current diagnosis of anxiety disorder is considered to be related to his military service.

The Board denied service connection for an acquired psychiatric disability, claimed as anxiety, mood disorder and depression, to include as secondary to the Veteran's service-connected headaches. The claim was also denied for PTSD due to lack of verified stressors.

The Veteran withdrew his appeal for the issues of arthralgia, peripheral neuropathy, ulnar neuropathy and pulmonary emphysema prior to a decision being made.

The Board denied the Veteran's motion to revise the May 2007 decision, finding no clear and unmistakable error in denying an earlier effective date for PTSD service connection.

The Veteran's PTSD was incurred in service and is granted. His alcoholism, diabetes mellitus, gastrointestinal disability, skin rash, heart disease, and respiratory condition are all found to be aggravated by service.

The Veteran's anxiety disorder, not otherwise specified, was rated at 30 percent prior to January 16, 2008.,Since January 16, 2008, the Veteran's anxiety disorder has been rated as 30 percent.

The Veteran seeks service connection for his depression, which is claimed to be secondary to his service-connected degenerative disk disease of the lumbar spine with radiculopathy. The Board has determined that additional development is needed and the case is REMANDED.

The Board has reopened the Veteran's claim for service connection for a psychiatric disability, including PTSD, depression, and anxiety. The issues of service connection for hepatitis C and cirrhosis of the liver are also before the Board.

The Veteran's claims for increased ratings and TDIU were denied. The Board found that the service-connected conditions did not meet the criteria for higher disability ratings.

The Veteran's anxiety disorder is not considered a separate disability from his service-connected PTSD. The Board finds that the Veteran does not have a current diagnosis of an anxiety disorder and therefore, cannot establish service connection for this condition.

The Board denied the Veteran's claims for service connection for anxiety and depression, finding that these conditions are not related to active military service.

The Veteran's anxiety reaction has resulted in total occupational and social impairment, warranting a 100 percent disability rating.

The Board is remanding the claims of increased rating for anxiety disorder, service connection for PTSD, service connection for arteriosclerotic heart disease as secondary to anxiety disorder, and service connection for tinnitus due to procedural deficiencies in notification. The Veteran will need a VA examination to clarify his mental health diagnoses and determine if there is a separate diagnosis of PTSD. A VA examination will also be needed to assess the etiology of the Veteran's arteriosclerotic heart disease.

The Board has remanded the case for further development and examination to determine if service connection can be established for a back injury, bilateral hearing loss, or an acquired psychiatric disability.

The Veteran's claim for service connection for a claimed acquired psychiatric disorder, including bipolar disorder and anxiety disorder is being remanded due to the possibility of additional diagnoses.

The Board has reopened the Veteran's claim of entitlement to service connection for PTSD and determined that new and material evidence has been received. The Veteran is currently diagnosed with PTSD, anxiety disorder, and depressive disorder, all related to his active service.

The Veteran's generalized anxiety disorder is rated at 70 percent, which meets the criteria for a TDIU. The Board finds that his disability has resulted in total occupational and social impairment.

The Board has remanded the case due to incomplete records and the need for a VA examination to determine if the Veteran's current psychiatric disorders are related to service or any in-service disease or injury.