Anxiety decisions — 2012

The Veteran's anxiety disorder with depression is rated at 70 percent, effective November 7, 2006. The Board has granted the Veteran a rating in excess of 30 percent for his neurodermatitis with pseudofolliculitis barbae. Additionally, new and material evidence has been received to reopen claims for service connection for left ear hearing loss, right ear hearing loss, tinnitus, erectile dysfunction (secondary to anxiety disorder), sleep apnea, peripheral vestibular disorder, gastritis, and sinusitis.

The Veteran's adjustment disorder with anxiety and depressed mood has resulted in occupational and social impairment, but not to the extent that would warrant a higher rating.

The Board has determined that the Veteran's preexisting acquired psychiatric disorder, including anxiety and depression, was not aggravated by service. Therefore, service connection for this condition is granted.

The Veteran's appeal is being remanded due to the failure to provide proper notification regarding further submission of evidence and scheduling a hearing.

The Veteran's son, M, was born in September 1990 and attained the age of 18 in September 2008. At that time, he had mental and physical defects rendering him permanently incapable of self-support.

The Board has denied the Veteran's request for an earlier effective date for service connection of anxiety/panic disorder, finding that the earliest possible effective date is September 10, 2008.

The Board has determined that the Veteran's claim for service connection for an acquired psychiatric disorder, to include PTSD and a generalized anxiety disorder, requires additional development due to incomplete records and need for clarification of stressor allegations.

The Veteran's claim for service connection for bilateral hearing loss is denied by operation of law as he does not meet the criteria for a current disability. The claims for service connection for acquired psychiatric disorder, traumatic brain injury, and vision disorder are remanded for further development.

The Board found that the Veteran's anxiety disorder did not warrant a rating in excess of 10 percent, and his right inguinal hernia was not compensable.

The Veteran's anxiety disorder or adjustment disorder is considered to have had its onset during his military service, and the Board has granted service connection for this condition.,For the period from February 9, 2010 to December 4, 2010, the Veteran's hypertension disability was rated at 20 percent.

The Board has determined that the Veteran does not meet the criteria for service connection for an acquired psychiatric disorder, including posttraumatic stress disorder, as there is no medical evidence showing a current diagnosis of PTSD based on verified in-service stressors. The Veteran's claimed sinus disorder issue was also denied.

The Veteran's service-connected major depressive disorder and anxiety disorder NOS have not met the criteria for a higher initial disability rating of 50 percent or more, as her symptoms do not warrant such an evaluation based on the severity described in the diagnostic codes. The left hip degenerative joint disease has also not met the criteria for a higher initial disability rating of 10 percent or more.

The Board has granted service connection for an acquired psychiatric disorder, including anxiety disorder and PTSD, finding that the Veteran's current symptoms are related to his military service, particularly combat exposure in the Republic of Vietnam.

The Veteran's anxiety disorder is currently rated at 10 percent, which is the maximum rating available under the applicable diagnostic code.

The Board has remanded the case for further development including obtaining VA treatment records, verifying in-service stressors, and providing a VA psychiatric examination to determine the nature, extent, onset, and etiology of any psychiatric disability found to be present.

The Board has remanded the Veteran's claims for additional development to obtain his service treatment records and conduct VA examinations to determine the nature and etiology of his claimed seizure disorder and psychiatric disorders.

The Board has determined that additional development is needed to ensure compliance with the Veterans Claims Assistance Act of 2000 (VCAA) and to obtain all relevant treatment records.

The Board has determined that the Veteran did not have tinnitus, PTSD, bipolar disorder and anxiety, pinched nerve, ADHD and ODD, or scoliosis during service. The claims for these conditions are therefore denied.

The Veteran's PTSD was rated at 70 percent from October 2, 2008. The effective date for this rating is set as October 2, 2008.

The Board has determined that the Veteran's acquired psychiatric disability, to include depression, was not incurred in or aggravated by active military service and cannot be presumed due to exposure to Agent Orange. The claim is denied.