Anxiety decisions — 2009

The Board denied the Veteran's claims for service connection for bilateral hearing loss, tinnitus, traumatic arthritis of the left knee, and a psychiatric disability including anxiety, depression, and psychosis. The evidence did not support a finding that these conditions were related to service.

The Veteran's claim for an earlier effective date of November 18, 2004 for the grant of service connection for IBS has been granted. The issues of increased evaluation for IBS and for a psychological disability, and TDIU are addressed in the REMAND portion of the decision.

The Board denied service connection for dermatophytosis of the right foot, residuals of frostbite to include infection of toenails, and an acquired psychiatric disorder including depressive disorder, not otherwise specified. The Veteran's dermatophytosis was found not related to service or a service-connected condition. Residuals of frostbite were also found not related to service or a service-connected condition. The Board concluded that the Veteran's psychiatric disorder is not related to his service-connected rhinosinusitis.

The Veteran's service-connected bilateral plantar fasciitis, lumbar strain, left knee chondromalacia, right knee status post operative arthroscopy, chondromalacia patella, and anxiety disorder are currently evaluated at the 10 percent level. The Board finds that an increased rating is not warranted for any of these conditions.

The Board has remanded the case for additional development, including obtaining records from SSA and scheduling a VA examination.

The Board has determined that new and material evidence has not been received to reopen the Veteran's claim of service connection for schizoid personality disorder or anxiety disorder. The claim is therefore denied.

The Board denied the Veteran's claim for an earlier effective date of May 1, 1985 to January 30, 1989 for a permanent and total disability rating for pension purposes.

The Veteran's adjustment disorder with mixed anxiety and depression was not incurred in or aggravated by his active duty service. The Board found that the evidence does not show a nexus between his current psychiatric disability and his period of service.

The Board has remanded the case due to incomplete verification of stressors and need for additional medical records. The Veteran's claim for PTSD will be reconsidered based on the new evidence.

The Board has remanded the case due to the need for clarification of a claimed stressor and further examination.

The Board denied the Veteran's claim for a total rating for compensation purposes based upon individual unemployability (TDIU) due to the lack of evidence showing that his service-connected disabilities rendered him unable to secure or follow substantially gainful employment. The Board also noted that the Veteran had not demonstrated an exceptional or unusual disability picture as required for entitlement to TDIU on an extra-schedular basis.

The Veteran's claim for a TDIU was denied by the Board, and his increased rating claim for PTSD was also denied. The case is being remanded to obtain additional VA examinations and to ensure all relevant records are obtained.

The Veteran's claims for service connection for syncope, increased ratings for social anxiety/depression and hemorrhoids, and a compensable rating for allergic rhinitis were denied. The Board found that there was no evidence of a chronic disability manifested by syncopal episodes during the appeal period. For her psychiatric disabilities, the Veteran did not meet the criteria for a 30 percent or higher rating throughout the appeal period. Her hemorrhoids were rated appropriately based on their severity and stage. Lastly, her allergic rhinitis did not meet the criteria for a compensable rating.

The Veteran's PTSD was found to be incurred during service, and he is granted service connection for this condition. The Board also notes the presence of major depression and anxiety disorder but finds insufficient evidence to establish a direct link between these conditions and his military service.

The Veteran's appeal is being remanded for further development, including obtaining updated treatment records from his doctor and a VA audiological examination to determine the etiology of his hearing loss.

The Veteran's service-connected disabilities do not meet the criteria for special monthly compensation based on the need for regular aid and attendance or housebound status.

The Veteran's service-connected panic disorder without agoraphobia has been rated at 50 percent, and the Board finds that a higher rating is not warranted based on the current evidence of record.

The Veteran's claims for head injury, syncopal episodes (claimed as seizures), and lumbar spine disorder are denied. The Board found no evidence of a head injury or syncopal episodes attributable to service. A lumbar spine disorder was not shown in service or within one year after separation.

The Board has remanded the case for further development to determine if the Veteran's psychiatric conditions, including PTSD and adjustment disorder with mixed anxiety and depression, are related to service. The RO must attempt to corroborate the Veteran's reported stressors involving a SCUD missile attack and the death of First Sergeant M.

The Board has reopened the Veteran's claim and found that new evidence supports a diagnosis of PTSD, which is related to his in-service stressors. The Veteran's acquired psychiatric disorder, including PTSD, anxiety, and depression, is now considered service-connected.