Anxiety decisions — 2012

The Board has remanded the case to ensure a complete record is available for decision, including obtaining VA treatment records and clarifying whether the Veteran is receiving Social Security Administration disability benefits. The Veteran will be provided an opportunity to respond.

The Board has remanded the case due to new evidence submitted by the Veteran's representative. The claim for service connection for an acquired psychiatric disorder, including anxiety and depression, is pending.

The Board has decided to remand the case for additional development, including obtaining medical records and clarifying stressors related to PTSD.

The Veteran does not meet the criteria for a diagnosis of PTSD. His other psychiatric conditions, including anxiety disorder and major depressive disorder, were present prior to his service and are not considered aggravated by service.

The Board has determined that the Veteran's anxiety disorder, major depressive disorder, and PTSD are all service-connected as they were incurred during his active military service.

The Veteran's service-connected disabilities were found to have rendered him unemployable as of April 27, 1999, one year prior to the receipt of his claim for TDIU.

The Veteran's service-connected PTSD with general anxiety disorder is shown to be manifested by a depressed mood, chronic sleep impairment, anxiety, hypervigilance, panic attacks occurring more than once a week, suicidal ideation, speech intermittently illogical, obscure or irrelevant, impaired impulse control, spatial disorientation, neglect of personal appearance and hygiene, poor concentration, irritability, persistent delusions or hallucinations and memory loss for names of close relatives or own name. His symptomatology is productive of total occupational and social impairment. The Veteran is granted a 100 percent disability rating for PTSD with general anxiety disorder.

The Board denied the Veteran's claims of service connection for an acquired psychiatric disorder, a right knee disability, hearing loss of the right ear, and tinnitus. The issues were found to be not supported by clear and unmistakable evidence that the conditions preexisted service or were aggravated by service.

The Board previously denied the Veteran's claim of service connection for PTSD due to lack of a current diagnosis. The case is now remanded to determine if the Veteran has any acquired psychiatric disorder as a result of his period of service, including PTSD.

The Board denied the appellant's claims for service connection for a low back disorder, an acquired psychiatric disorder (including depression and anxiety), and a right knee disorder. The claim to reopen the low back disorder was denied due to lack of new and material evidence.,Service connection was not granted for the acquired psychiatric disorder or the right knee disorder as there is no direct evidence linking these conditions to service.

The Veteran's anxiety disorder resulted in reduced reliability and productivity, warranting a 50% disability rating effective October 2006.

The Veteran's anxiety disorder is rated at 10 percent, effective July 31, 2007. Service connection for PTSD and scarring due to a back wound are granted, but the specific rating and effective date have not been determined.

The Veteran's appeal involves multiple service-connected disabilities, including anxiety and depression, hearing loss, hypertension, and peripheral neuropathy. The RO is instructed to obtain SSA records and readjudicate the increased rating claims.

The Board granted service connection for PTSD and assigned a non-compensable evaluation, effective May 11, 2005. The claim for an increased evaluation for IBS remains pending.

The Veteran's appeal is being remanded for a videoconference hearing before the Board of Veterans' Appeals.

The Board has determined that new and material evidence has been received to reopen the claim of entitlement to service connection for psychiatric disability, to include PTSD. The Veteran's request is granted.

The Veteran has withdrawn her appeals regarding the issues of service connection for hypertension and an increased rating for anxiety neurosis with depression prior to April 3, 2010, and a rating in excess of 70 percent thereafter.

The Veteran's claims for sleep apnea, anxiety, bilateral lower extremity neuropathy, and hypertension were denied as there is no competent medical evidence showing current diagnoses of these conditions during the appeal period. The Board found that the post-service records do not show a diagnosis or treatment for any of these disabilities until many years after service.

The Veteran's death was caused by acute combined drug toxicity, which resulted from medications prescribed for his service-connected disabilities. The Board found that the cause of death was related to service.

The Board has remanded the case for additional development, including obtaining VA treatment records and a supplemental opinion from the November 2007 VA examiner. The Veteran's claim will be reconsidered based on the new evidence.