Anxiety decisions — 2013

The Board has determined that the appellant does not have a left shoulder disability that was incurred or aggravated by service. The psychiatric claims are pending as they may be related to fear of hostile military action.

The Veteran's PTSD is currently rated at 50 percent, and the Board found that it does not meet or approximate the criteria for a higher rating.

The Board found that the Veteran's death was not caused by a service-connected disability, as his acquired psychiatric disorder and alcohol addiction were likely due to his military service but did not result from it.

The Board denied the Veteran's claims for service connection for an acquired psychiatric disorder, bilateral wrist joint disability, bilateral hearing loss, and tinnitus. The decision found that her diagnoses were not related to service.

The Board denied the Veteran's appeal for service connection for PTSD and denied a higher initial disability rating for his lumbar spine degenerative disc disease. The lumbar spine condition is currently rated at 20 percent.

The Veteran's anxiety disorder, variously diagnosed, is related to his active service and the Board has granted service connection for this condition. The gastrointestinal disability claim remains pending as no rating assigned or effective date determined.

The Board has determined that the Veteran's claimed acquired psychiatric disorder, including PTSD, is not related to his military service and denied his claim.

The Veteran's service-connected generalized anxiety disorder and major depression are rated at 100 percent effective from January 29, 2013. Prior to that date, the rating was increased to 100 percent.

The Board denied the Veteran's claims for an initial disability rating in excess of 10 percent for tinnitus on an extraschedular basis and for a TDIU due to service-connected disabilities.

The Veteran's appeal is being REMANDED for additional development, including VA examinations and the provision of relevant medical records.

The Veteran has withdrawn his appeals for kyphosis, right knee plica, and social phobia (claimed as anxiety and depression).

The Board has remanded the claims due to insufficient evidence on whether service connection can be granted for headaches, a psychiatric disorder other than PTSD, and various physical disabilities. The Veteran's willful misconduct in driving under the influence of alcohol during a vehicle accident is also being reconsidered.

The Veteran's adjustment disorder with anxiety and depression symptoms are currently rated at 70 percent, effective from February 4, 2013. The low back disability is not service-connected.

The Board denied the Veteran's claim for service connection for PTSD, anxiety, and depression, finding that there was no credible evidence of in-service stressors and concluding that his current psychiatric conditions are not related to service.

The Board has granted service connection for tinnitus, finding that the Veteran's current diagnosis of tinnitus had its onset in service. The issue of service connection for an acquired psychiatric disorder (including PTSD and anxiety disorder) remains pending as it is related to a different aspect of the appeal.

The Veteran's appeal was dismissed due to his death. The Board has no jurisdiction to adjudicate the merits of this claim as he died during the pendency of the appeal.

The Board has remanded the case for further development due to lack of consideration of recent VA treatment records and outdated examination reports.

The Veteran's appeal is being remanded for additional development, including a VA examination to assess his employability and another opinion on the relationship between his service-connected disabilities and his ability to work. The issues of service connection for memory problems and TDIU are also inextricably intertwined with the claims for anxiety disorder and sleep apnea.

The Board has reopened the Veteran's claim of service connection for an acquired psychiatric disorder and determined that new evidence received since the August 2006 denial supports a causal relationship between her current mental health conditions and her military service. The Veteran is therefore granted service connection.

The Board granted service connection for PTSD and major depressive disorder in partial remission, finding credible evidence of the Veteran's reported experiences during his Vietnam service and resolving all reasonable doubt in favor of the claim.