Anxiety decisions — 2013

The Board has determined that additional development is needed to ensure all relevant evidence is considered in the decision on the Veteran's claim for service connection for an acquired psychiatric disorder, including PTSD, anxiety disorder, and major depressive disorder.

The Veteran's service-connected generalized anxiety disorder and depression have been rated at 50 percent, but the current clinical signs and manifestations do not warrant a higher rating.

The Veteran's claim for a rating in excess of 70 percent for service-connected bipolar disorder and anxiety disorder has been granted, with the effective date to be determined. The issue of entitlement to TDIU due to these conditions remains pending.

The Board has ordered a remand to obtain an updated VA examination and opinion regarding the Veteran's acquired psychiatric disorder, including whether his service-connected disabilities have aggravated any nonservice-connected psychiatric disorders.

The Veteran's anxiety disorder with PTSD has been rated at a 50 percent disability rating since November 16, 1994. This reflects occupational and social impairment with reduced reliability and productivity due to symptoms such as depression, anger, avoidance, isolation, and difficulty in establishing effective relationships.

The Veteran's claims for service connection for migraine headaches and an acquired psychiatric disability (including PTSD, depression, anxiety, and a sleep disorder) are denied as there is no evidence of such conditions during his period of creditable active military service or otherwise related to such service.

The Board has determined that the Veteran's bruxism, TMJ, and anxiety disorder are related to service. The decision grants service connection for these conditions.

The Veteran's claim for a compensable rating for residuals of a puncture wound of the right foot instep was granted. The disability is manifested by pain and rated at 10 percent.

The Veteran's anxiety disorder is currently rated at 30 percent, and the Board denied an increased rating. The claim for TDIU was also denied.

The Veteran's acquired psychiatric disability, to include depression and anxiety, was granted an initial evaluation of 10 percent prior to October 26, 2012, and a subsequent increased evaluation to 50 percent thereafter. The residuals of infarction of the left cerebellum were initially rated at 10 percent and subsequently increased to 50 percent. The IBS was granted an initial evaluation of 30 percent as of October 26, 2012.

The Board has granted service connection for an acquired psychiatric disorder, including major depressive disorder due to Lariam poisoning. As a result, the Veteran will now have a service-connected disability that needs to be rated, which may affect his derivative TDIU claim.

The Board has granted service connection for the Veteran's eye injury, PTSD, and TDIU on a schedular basis. The effective dates for these benefits are set at February 21, 2003.

The Board has determined that the Veteran's claimed acquired psychiatric disorders, including PTSD, depressive disorder, and anxiety, were not incurred in or aggravated by his military service.

The Board has remanded the case for further development, including obtaining VA and private treatment records, developing a TDIU claim, and providing an examination to assess the Veteran's employability.

The Board denied service connection for a back disability, residuals of a head injury, and an acquired psychiatric disorder. The Veteran's claims were not reopened or remanded further.

The Board found no evidence that the Veteran's current anxiety disorder is related to his period of active service, including a claimed slip and fall injury in Germany. The preponderance of the evidence indicates that the current condition did not manifest until many years after service.

The Board has remanded the case for additional development, including obtaining medical records and providing VCAA notice.

The Board has determined that the Veteran's COPD was not incurred in or aggravated by active service, and denied his claim for service connection. The issue of an increased rating for anxiety disorder is being remanded.

The Veteran's appeal was denied for entitlement to a total disability rating based on individual unemployability (TDIU). The Board dismissed the appeal due to the Veteran's death.

The Veteran's anxiety disorder, NOS, has been characterized by symptoms of depressed mood, anxiety, chronic sleep impairment, irritability, panic attacks once every two to three months, and mild memory loss of forgetting names. The Board finds that for the entire initial rating period, these symptoms result in occupational and social impairment with occasional decrease in work efficiency and intermittent periods of inability to perform occupational tasks, which more nearly approximates the criteria for a 30 percent disability rating under Diagnostic Code 9413.