Anxiety decisions — 2011

The Veteran's claim for service connection for an acquired psychiatric disorder, to include PTSD, is being remanded due to conflicting evidence regarding the current existence of a psychiatric disorder and the need for additional examination. The case will also be reconsidered in light of the recently amended regulations for adjudicating claims involving PTSD.

The Veteran's claim for service connection for an acquired psychiatric disorder, to include PTSD, is being remanded due to the need for further development and consideration of his reported stressors.

The Board has determined that the submitted evidence is not new and material to reopen the claim of service connection for a psychiatric disorder.

The Veteran withdrew his appeals on all issues related to the initial evaluations for generalized anxiety disorder and major depressive disorder, a scar of the dorsum of the left hand, and chronic sinusitis.

The Board has remanded the case to the RO for further development due to issues with the reasons and bases provided in previous decisions, including continuity of symptomatology for anxiety disorder.

The Veteran's claim for a higher rate of special monthly compensation (SMC) pursuant to 38 U.S.C.A. � 1114(o) is being remanded due to the need for an examination and medical opinion regarding whether the aid and attendance required by the Veteran is for a disability that is separate and distinct from the loss of use of the feet.

The Board has determined that additional development is needed to obtain the Veteran's medical records and clarify certain issues. The case will be remanded for these purposes.

The Veteran's service-connected generalized anxiety disorder with depression is rated at 30 percent, which does not meet the criteria for a higher evaluation. The combined rating of his service-connected disabilities (60%) does not preclude him from securing and following substantially gainful employment.

The Board has remanded the case to the RO for further procedural development, including scheduling a personal hearing before the Board.

The Veteran's claim for an earlier effective date for the award of a TDIU is dismissed as he did not appeal the June 2003 Board decision. The notice of disagreement regarding the February 7, 1984 rating decision to continue a 10 percent disability rating for generalized anxiety disorder with depressive and anxiety features was deemed untimely.

The Veteran's appeal is remanded for additional development, including obtaining VA treatment records and a mental health examination.

The Veteran's low back condition is service-connected, and his acquired psychiatric disability (anxiety disorder and PTSD) may be related to service. The lung condition is not service-connected.

The Board found that the Veteran's claimed in-service stressors were not verified, and thus did not establish service connection for PTSD or any other acquired psychiatric disorder. The respiratory disorder claim was also denied as there is no evidence of a current disability related to service.

The Board has remanded the case for further development, including obtaining VA treatment records and scheduling a VA psychiatric examination to determine if any current acquired psychiatric disability had its clinical onset in service or is due to an event of the Veteran's period of active service.

The Board finds that the Veteran's diagnoses of adjustment disorder, social anxiety disorder, and depression were incurred in service. Service connection is granted for these conditions. The claim for an initial rating higher than 10 percent for left knee disability remains pending.

The Veteran's PTSD and anxiety disorder were found to warrant a 70 percent disability rating effective March 28, 2008, the date of his claim for TDIU. The earlier effective dates of July 12, 2004 are granted as he met the schedular criteria for these conditions prior to that date.

The Veteran's claims for increased ratings for his service-connected psychiatric and low back disabilities were denied. The Board found that the Veteran was entitled to 'staged' ratings of 100 percent for his service-connected psychiatric disorder for the period from October 17, 2003, through November 19, 2003; but not entitled to a rating in excess of 70 percent for his service-connected psychiatric disorder prior to October 17, 2003, or from November 20, 2003, through July 7, 2005. The low back claim was remanded for further development.

The Veteran's service-connected conditions did not cause or contribute substantially to his death. The Board denied the claims for service connection for the cause of death, DIC under 38 U.S.C.A. § 1318, and an effective date prior to February 1, 2008, for payment of VA improved death pension benefits.

The Veteran's claim for service connection for an acquired psychiatric disorder, including anxiety with night sweats, poor memory, mood swings, depression, panic attacks, poor concentration, and poor sense of direction, is being remanded due to the need for additional development.

The Veteran's claim for service connection of his acquired psychiatric disorder, including Bipolar Disorder, dysthymia, Major Depression and adjustment disorder with anxiety and depressed mood, is being remanded due to the need for a medical opinion regarding whether these conditions were aggravated by his service-connected tinnitus or hearing loss.