Anxiety decisions — 2010

The Veteran's service-connected PTSD is currently rated at 50 percent, and the Board finds that it does not meet the criteria for a higher rating under DC 9411.

The Veteran's service-connected generalized anxiety disorder is currently rated at 70 percent, which represents the highest schedular rating available. The Board finds that a higher evaluation is not warranted based on the evidence of record.

For the period prior to September 9, 2008, the Veteran's GAD has been manifested by severely impaired ability to establish and maintain effective or favorable relationships and severely impaired ability to obtain and retain employment, as well as occupational and social impairment with deficiencies in most areas due to impaired judgment and mood, suicidal ideation, intermittent irrelevant speech, near-continuous depression, impaired impulse control, and difficulty in adapting to stressful circumstances. The Veteran is assigned a 70 percent disability rating for GAD prior to September 9, 2008.,For the period since September 9, 2008, the Veteran's GAD has been manifested by total occupational and social impairment. The Veteran is assigned a 100 percent disability rating for GAD since September 9, 2008.

The Veteran's acquired psychiatric disorder, including anxiety and depression, was not incurred in or aggravated by service, nor may a psychosis be presumed to have been incurred therein.

The Board has granted the Veteran's claim for service connection for a psychiatric disability, including PTSD and other mental health conditions. The decision is based on the Veteran's reported in-service stressors related to fear of hostile military activity during his time in Vietnam.

The Veteran's claim for an increased evaluation for his service-connected HIV with anxiety and depression is being remanded due to the need for additional development, including obtaining VA treatment records and scheduling a mental disorders examination.

The Veteran is granted service connection for a psychiatric disorder (to include anxiety and depressive disorders) but denied service connection for other conditions. A 30 percent disability rating was assigned for migraine headaches effective August 29, 2008.

The Veteran's anxiety disorder is currently rated as 30 percent disabling, and the Board has determined that a higher rating is not warranted.

The Board has determined that the Veteran currently suffers from a generalized anxiety disorder, which is considered to be service-connected due to an in-service injury.

The Board has determined that the Veteran's chronic anxiety disorder with nonepileptic seizures is related to his active service and grants this claim.

The Veteran's claim for service connection for an innocently acquired psychiatric disorder, including schizophrenia, is denied as there is no evidence of a disease or injury incurred in or aggravated by active service.

The Board has granted service connection for bipolar disorder and ADD, but denied service connection for hearing loss and lung disability.

The Board finds that there is competent evidence tending to establish that anxiety disorder, not otherwise specified, with sub-clinical symptoms of PTSD is related to service. The Veteran's peripheral neuropathy is found to be a congenital defect and the examiner opines it did not pre-exist service or increase in severity beyond natural progression.

The Veteran's claim for service connection for PTSD is being remanded due to the need for additional development, including obtaining medical records and Social Security Administration (SSA) records. The VA will also schedule a psychiatric examination to determine if any current acquired psychiatric disorder, including PTSD, was incurred in or is related to his service.

The Veteran's appeal is being remanded for additional development, including obtaining military police incident reports and VA examinations to assess his psychiatric disorders and skin disability.

The Board found that the Veteran's current psychiatric disorders are not related to his service, specifically handling caskets in Okinawa during Vietnam War. The claim for PTSD was denied as there is no current diagnosis of PTSD.

The Veteran's service connection claim for headaches is granted, and his PTSD with anxiety and OCD is rated at 30 percent.

The Veteran's bilateral hearing loss disability is related to acoustic trauma sustained in active service. The Board finds that the evidence in favor of the claim of entitlement to service connection for bilateral hearing loss disability is at least in equipoise with that against the claim, and thus grants the claim.

The Board has determined that additional development is needed to determine if the Veteran's claimed in-service stressors are related to his fear of hostile military or terrorist activity, and whether any current psychiatric disorders, including PTSD, are related to service.

The Veteran's claim of service connection for PTSD is dismissed as moot because his anxiety disorder, which he was already granted service connection for, encompasses the same symptomatology.