Anxiety decisions — 2012

The Veteran's anxiety disorder is currently rated at 70 percent disabling, reflecting significant occupational and social impairment.

The Veteran's claim for service connection for an acquired psychiatric disorder, including PTSD, depression, generalized anxiety disorder and panic disorder is being remanded due to the need for a VA examination to determine the current diagnosis or diagnoses of his claimed condition(s) and their relationship to his military service.

The Veteran's anxiety disorder is currently rated at 50 percent, the maximum schedular rating available. The Board found that his symptoms do not warrant a higher evaluation as they are consistent with the current 50 percent rating.

The Veteran's anxiety disorder with PTSD features is characterized by occupational and social impairment, but does not meet the criteria for a higher rating.

The Veteran's claims for increased evaluation of a left hand scar, reopening of migraine headaches and PTSD service connection claims have all been denied. The acquired psychiatric disability claim has not been addressed in this decision.

The Board has determined that additional development is necessary to verify the Veteran's claimed in-service stressor event and determine if it occurred. The Veteran contends he witnessed a fellow soldier accidentally kill himself, but there is no evidence of such an incident during his service at Camp Pendleton.

The Board found no evidence of a chronic psychiatric disorder in service or during the separation examination. The Veteran's symptoms did not continue after service, and there is insufficient continuity to establish service connection for an acquired psychiatric disorder.

The Board finds that the preponderance of evidence is against a finding that the Veteran has right foot fungus or psychiatric disorder that was incurred in or aggravated by active service.

The Veteran has withdrawn his appeals for the issues of whether new and material evidence had not been received to reopen his claims of entitlement to service connection for a bilateral knee disorder, right shoulder disorder, ulcer disorder, insomnia, gastrointestinal disorder to include gastritis, nausea, vomiting, and weight loss, low back disorder, hypertension, muscle disorder, bilateral lower extremity disorder to include peripheral vascular disease and swelling, potassium deficiency, joint disorder, GERD, gallbladder disorder, bladder cancer, respiratory disorder to include asthma, chronic airway obstruction, shortness of breath, chest pain, and allergic disorder, headache disorder, and acquired psychiatric disorder to include dysthymia, depression, generalized anxiety disorder, and panic attacks.,The Veteran has withdrawn his appeals for the issues of whether new and material evidence had not been received to reopen his claims of entitlement to service connection for a chronic gastrointestinal disorder to include gastritis, nausea, vomiting, and weight loss, low back disorder, hypertension, muscle disorder, bilateral lower extremity disorder to include peripheral vascular disease and swelling, potassium deficiency, joint disorder, GERD, gallbladder disorder, bladder cancer, respiratory disorder to include asthma, chronic airway obstruction, shortness of breath, chest pain, and allergic disorder, headache disorder, and acquired psychiatric disorder to include dysthymia, depression, generalized anxiety disorder, and panic attacks.

The Board has reopened the Veteran's claim of service connection for an acquired psychiatric disability other than PTSD, to include anxiety and depression. However, the evidence does not support granting this reopened claim on the merits. The Veteran's current acquired psychiatric disability is not related to active service. There is no competent evidence showing that the Veteran currently experiences a skin cancer due to herbicide exposure.

The Veteran's appeal is being remanded for additional development, including obtaining SSA records and VA treatment records, as well as a new orthopedic examination. The TDIU claim has also been raised and must be adjudicated.

The Board found that the Veteran's current diagnoses of depression and anxiety are not related to his active service, and thus denied his claims for service connection.

The Veteran's anxiety disorder with features of PTSD and depressive features is currently rated at 50 percent, effective May 30, 2008. The VA determined that the symptoms are comparable to reduced reliability and productivity.

The Board has remanded the case due to a need for additional evidence from a private therapist, and will re-adjudicate the claim after receiving this information.

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and Social Security Administration (SSA) records. The Veteran will also be scheduled for a VA examination to assess the severity of his lung disability and mental disability.

The Board found that the Veteran's service-connected disabilities did not cause or contribute substantially to his death. The VA medical opinions provided detailed reasoning and considered all relevant evidence, including the Veteran's nonservice-connected hypertension and diabetes mellitus.

The Veteran's claims for increased evaluations and TDIU have been granted. The effective date of the award of service connection for TBI with headaches is set at December 1, 1967.

The Board has remanded the case for a VA psychiatric examination to determine if the Veteran's PTSD is related to his active military service and whether he has an anxiety disorder that is attributable to his service. The appeal will be reconsidered after this additional development.

The Veteran's claim for service connection for an acquired psychiatric disorder, including PTSD, was denied as there is no credible and competent supporting evidence that any in-service injury or disease caused his current anxiety disorder.

The Board has reopened the claims of service connection for anxiety disorder, depression, panic disorder, and bipolar disorder as well as right carpal tunnel syndrome. Further development is needed to determine if these conditions are related to service.