Anxiety decisions — 2011

The Board found that the Veteran's current acquired psychiatric disorders are not related to her active service and denied her claim for service connection.

The Board denied service connection for fibromyalgia and a psychiatric disability, including anxiety and depression. The Veteran's claims were based on his participation in the military and potential Gulf War exposure.

The Veteran seeks service connection for an acquired psychiatric disorder, including anxiety and depression. The Board has determined that additional development is needed to address the etiology of these conditions.

The Board has granted service connection for a psychiatric disorder, diagnosed as anxiety and PTSD, based on the Veteran's reported in-service stressors of being subjected to enemy rocket and mortar attacks. The preponderance of evidence supports this finding.

The Veteran's PTSD with agoraphobia and anxiety is currently rated at 70 percent, effective from August 29, 2005. Residuals of surgery for carpal tunnel syndrome of the right wrist are rated at 10 percent, while residuals of surgery for carpal tunnel syndrome of the left wrist are also rated at 10 percent.

The Board has remanded the case for additional development, including a VA examination to determine the nature and etiology of any current psychiatric disability. The Veteran is seeking service connection for an acquired psychiatric disorder, which may include PTSD.

The Veteran's appeal for an increased evaluation for generalized anxiety disorder has been dismissed due to the death of the appellant.

The Board has remanded the case for a VA psychiatric examination to determine if the Veteran currently has any psychiatric disorders, including depression, PTSD and anxiety, that are related to service. The examiner is instructed to provide an opinion on whether the stressor was sexual assault or combat exposure.

The Veteran's claims for an initial rating in excess of 30 percent for a generalized anxiety disorder with depressive disorder not otherwise specified and for a total disability rating based on individual unemployability due to service-connected disability (TDIU) have been remanded by the Board. The case will be returned to the Board after further development.

The Veteran's acquired psychiatric disorders, including PTSD and anxiety disorder, are found to be related to the in-service physical and sexual assaults.

The Veteran's appeal is being remanded for further examination and development due to the presence of multiple psychiatric conditions, including PTSD, depression, and anxiety disorder. The issue remains about service connection for these conditions.

The Veteran's appeal is being remanded for additional development of his claims, including obtaining medical records and scheduling a VA psychiatric examination.

The Veteran's anxiety reaction with depressive features was manifested by occupational and social impairment with reduced reliability and productivity due to anxiety, depression, excess fatigue, poor concentration, avoidance/isolation and insomnia for the pertinent period prior to July 22, 2009. The criteria for a rating in excess of 50 percent were not met.

The July 2005 rating decision granting service connection for PTSD and combining it with the Veteran's service connected generalized anxiety disorder with schizophrenia was not found to contain clear and unmistakable error.

The Veteran's claim for an earlier effective date for the grant of service connection for Generalized Anxiety Disorder was denied. The issue of service connection for Major Depressive Disorder (claimed as a mental condition) is also not granted.

The Board has determined that the Veteran does not have insomnia or bronchitis, and thus cannot establish service connection for these conditions. The claims of service connection for an acquired psychiatric disorder (including anxiety and PTSD), hearing loss, tinnitus, a groin disorder, and bilateral foot disability are remanded to allow for further development.

The Veteran's service-connected disabilities do not render him unemployable, as he is currently employed in a part-time capacity and capable of performing sedentary work.

The Veteran's service-connected disabilities, including obstructive sleep apnea and generalized anxiety disorder, do not meet the threshold requirements for a TDIU as they are rated at 50% and 30%, respectively. The combined rating is 80%. However, he has been unable to secure or maintain substantially gainful employment due to his disabilities.

The Board has ordered a remand for further development, including scheduling the appellant for a VA psychiatric examination to determine if his current psychiatric disorders are related to service. The claim will be adjudicated again after completion of this additional development.

The Veteran's appeal is remanded to the RO for further development of the evidence and due process development, including a new VA psychiatric examination.