Anxiety decisions — 2010

The Veteran's claim is being remanded for further development, including a VA psychiatric examination to determine the relationship between any current acquired psychiatric disorders and his military service.

The Veteran's claim for a compensable rating for erectile dysfunction was denied as there is no evidence of penile deformity. The Veteran is currently in receipt of special monthly compensation based on loss of use of a creative organ.

The Veteran's PTSD is found to be related to his active service, and the claim for service connection is granted.

The Veteran's claim for service connection for PTSD is granted, as he has a diagnosis of PTSD due to verified in-service stressors. The claim for service connection for ulcers secondary to PTSD is not addressed and remains pending.

The Board granted service connection for dysthymia (claimed as anxiety and depression) with an effective date of September 11, 2002, which is the date of receipt of the Veteran's formal claim for service connection.

The Veteran's claim of service connection for an acquired psychiatric disability other than PTSD, including anxiety, depression, and panic disorder, has been reopened. Her claim of service connection for PTSD remains pending.

The Veteran's service-connected generalized anxiety disorder and panic disorder with agoraphobia are currently rated at 50 percent, but the Board finds that this rating adequately reflects her level of impairment.

The Veteran's claim for service connection for an acquired psychiatric disorder, including PTSD, is being remanded due to the need for additional evidence and a medical opinion.

The Board of Veterans' Appeals denied the Veteran's claim for service connection for PTSD, finding that there was no verified in-service stressor and thus not meeting the criteria for service connection.

The Board found that the appellant's acquired psychiatric disability, to include depression and anxiety disorder, was not incurred in or aggravated by active service. The low back disability was also not linked to service.

The Veteran's claims for service connection for an acquired psychiatric disorder, hypertension, and renal disorder are being remanded due to the need for additional development including obtaining records from his motor vehicle accident during service and SSA/SSI records. Further medical nexus opinions will also be needed to determine the etiology of his psychiatric disorder.

The Veteran's claim for an earlier effective date for service connection for generalized anxiety disorder due to clear and unmistakable error (CUE) in a February 1972 rating decision was denied. The Board found that the February 1972 rating decision denying service connection for a nervous condition, which included immature personality as a diagnosis, did not contain CUE because it was based on medical opinion at the time indicating that immature personality is a constitutional or developmental abnormality and thus not a disability under VA law.

The Veteran's claims of entitlement to service connection for an acquired psychiatric disorder, bilateral hearing loss, and tinnitus are being remanded due to the need for additional examinations. The claim for TDIU is also inextricably intertwined with these issues.

The Board has found that additional development is necessary due to the Veteran's claim for a higher rating for his service-connected generalized anxiety disorder, and thus remanded the case back to the RO/AMC for further action.

The Veteran's service-connected anxiety disorder, previously diagnosed as PTSD, was granted an initial rating of 30 percent. The decision also addressed the issue of a total evaluation based on individual unemployability (TDIU).

The Board has remanded the case for additional development including verification of in-service stressors and a VA psychiatric examination to determine if the Veteran's current acquired psychiatric disabilities are related to service.

The Board found that the Veteran's current psychiatric disorders were not incurred in or aggravated by active service and denied his claim.

The Veteran's service-connected anxiety and depression have been rated at 70 percent since December 15, 2008. The Board finds that the evidence does not support a higher rating for any period.

The Board found that the Veteran's claimed conditions were not caused by VA medical treatment in April 2005, nor was such aggravated by VA medical treatment or the result of an event not reasonably foreseeable. Therefore, the claim for compensation under 38 U.S.C.A. § 1151 is denied.

The Board has granted service connection for an acquired psychiatric disability, characterized as PTSD and generalized anxiety disorder with a specific phobia of being submerged in water. The decision is based on the Veteran's reported stressors during his active duty service.