Anxiety decisions — 2010

The Veteran's appeal is being remanded due to the need for a new VA examination and consideration of his claim for TDIU.

The Board found no credible evidence to support the Veteran's claimed in-service stressors, and thus denied service connection for PTSD. The Board also noted that there was insufficient evidence to establish a direct link between his current psychiatric conditions and his military service.

The Board has determined that the Veteran does not have a current disability of depressive disorder with anxiety that is related to his military service. Therefore, he cannot establish service connection for this condition.

The Board granted a 30 percent evaluation for the appellant's anxiety disorder with elements of PTSD, finding that it predominantly manifested by symptoms such as anxiety, depressed mood, distrust of other people, chronic sleep impairment with nightmares and night sweats, and poor remote memory. This resulted in occupational and social impairment with occasional decrease in work efficiency and intermittent inability to perform occupational tasks.

The Veteran's claim for nonservice-connected pension benefits was denied as her bipolar disorder disability rating of 30% did not meet the requirement of being permanently and totally disabled.

The Board has remanded the case for additional development, including a VA psychiatric examination to determine if the current psychiatric disorder is related to emotional maladjustment during service.

The Veteran's claim for service connection for a psychiatric disorder, including PTSD, depressive disorder, or anxiety, is being remanded due to the need for further examination and opinion regarding the etiology of any diagnosed psychiatric disorders.

The Veteran's claims of increased disability rating for vascular headaches, service connection for a sleep disability including as secondary to service-connected vascular headaches, and service connection for an anxiety disorder were all denied. The Board found that the evidence did not support a finding of service connection for these conditions.

The Board has granted the petition to reopen the claim of service connection for an innocently acquired psychiatric disorder including PTSD. The case is remanded for further development and readjudication on the merits.

The Board has remanded the case for further development, including a VA psychiatric examination and obtaining Social Security Administration records.

The Board has determined that the Veteran's psychiatric disability, specifically generalized anxiety disorder/panic disorder, warrants a 70 percent rating due to occupational and social impairment with deficiencies in most areas.

The Veteran's claim for service connection for an acquired psychiatric disorder, to include PTSD, is being remanded due to the need for additional development of his reserve component records and private treatment records.

The Veteran's anxiety disorder has been rated at 70 percent since December 20, 2005. This rating is in line with the criteria for a 70 percent evaluation.

The Veteran's claim for service connection for PTSD and other mental disorders is being remanded due to the need for a VA examination, consideration of new regulations, and further development.

The Board found that the Veteran's current acquired psychiatric disorder did not have its onset during service and is not related to his military service. The right shoulder disability was rated at 30 percent, but no higher rating was granted due to lack of evidence showing more than limitation of motion. For the lumbar spine disability, a rating in excess of 20 percent from July 18, 2005, to March 4, 2009, and in excess of 40 percent thereafter is denied.

The Veteran's chronic low back strain is currently rated at 20 percent, and the Board has granted a rating in excess of 10 percent for residuals of right and left ankle fractures. Service connection for anxiety disorder and arthritis of the ankles to include as secondary to service-connected ankle fractures was also granted.

The Veteran is granted service connection for a psychiatric disorder, to include as secondary to his service-connected non-Hodgkin's lymphoma. The claim of entitlement to TDIU based on this grant of service connection is remanded.

The Board denied the Veteran's claims of CUE in his noncompensable evaluation for anxiety reaction (now rated as dysthymia) and denied his service connection claim for a stomach disorder, finding that the evidence did not establish clear and unmistakable error. The Board also denied his service connection claim for a sleep disorder, concluding that there was no evidence to support this claim.

The Veteran's appeal is being remanded for further development and readjudication, including consideration of the Court's holding in Clemons v. Shinseki, 23 Vet. App. 1 (2009), which requires that the Board consider all diagnosed psychiatric disorders when determining whether service connection is warranted.

The Veteran's appeal is being remanded due to the need for a new Travel Board hearing. The issues of entitlement to service connection for schizoaffective disorder and generalized anxiety disorder remain on appeal.