Anxiety decisions — 2013

The Veteran's service connection claims for PTSD and anxiety disorder have been granted, with the diagnoses of PTSD being supported by revised criteria under 38 C.F.R. § 3.304(f)(3). The other conditions are found to be at least as likely as not related to his military service.

The Veteran's generalized anxiety disorder has been rated at 50 percent since April 2006, and the Board grants a total rating of 100 percent for this condition prior to January 18, 2011. As such, there is no issue regarding TDIU ratings for this period.

The Board has determined that the Veteran's current anxiety disorder and major depression did not originate in service or are related to any inservice events, and therefore denied his claim for service connection.

The Veteran's service-connected generalized anxiety disorder is currently rated at 50 percent disabling since November 15, 2012. The VA examiner found the condition to be manifested by occasional reduced reliability and productivity due to symptoms such as flattened affect; circumstantial, circumlocutory, or stereotyped speech; panic attacks more than once a week; difficulty in understanding complex commands; impairment of short- and long-term memory (e.g., retention of only highly learned material); impaired judgment; disturbances of motivation and mood; and difficulty establishing effective work and social relationships.

The Veteran's appeal is being remanded for additional development, including obtaining SSA records and a VA examination to assess the severity of his service-connected disabilities.

The Veteran's claims for service connection were denied due to lack of evidence supporting the claimed conditions and their relationship to service or service-connected disabilities.

The Board has determined that there are two issues on appeal: service connection for cause of death and nonservice-connected death pension. The appellant is seeking to establish service connection for the cause of her husband's death, which she claims was due to his service-connected PTSD. Further development is needed to provide proper notice and obtain additional medical opinions regarding the etiology of the Veteran's alcohol and substance abuse.

The Veteran's anxiety and depression, as well as his Parkinson's disease with bladder control problem and peripheral neuropathy are presumed to be related to service due to exposure to herbicide agents during active military service.

The Veteran's anxiety disorder was not shown to be due to an event or incident of his brief period of active service. The Board finds that the preponderance of evidence is against the claim for service connection.

The Veteran's generalized anxiety disorder with depressive features is currently rated at 70 percent, effective May 20, 2008. The Board also granted a TDIU from that date.

The Veteran's dysthymic disorder (also diagnosed as depression and anxiety) is found to be secondary to his service-connected PTSD. The Veteran also has COPD, which he contends was caused by asbestos exposure during military service. Service connection for both conditions is granted.

The Board found that the Veteran's claimed disabilities, including his right knee and ankle disabilities, respiratory disability, tinnitus, and anxiety disorder, were not incurred or aggravated by service. The evidence did not show continuity of symptomatology for any of these conditions since service.

The Board has granted an earlier effective date of May 5, 1971 for the grant of service connection for anxiety disorder (NOS). This coincides with the date of receipt of the Veteran's original claim.

The Board found no evidence of a preexisting psychiatric disorder and concluded that the Veteran's current acquired psychiatric disorders are not related to his active service.

The Board has determined that the Veteran's claim for service connection for an acquired psychiatric disorder, to include PTSD, needs further development due to incomplete compliance with previous remand directives and need for verification of certain stressors.

The Board denied the claims for service connection for various conditions, including anxiety disorder, hemorrhoids, bilateral hearing loss, tinnitus, sinus disability, back disability with sciatica, numbness of the right lower extremity, ruptured disc, residuals of a neck injury, and left arm and shoulder disability.

The Veteran's anxiety disorder has caused occupational and social impairment with reduced reliability and productivity, resulting in a 50 percent disability rating from January 29, 2004 through June 12, 2008.

The Veteran's claims for service connection for bilateral ankle disability, psychiatric disability (adjustment disorder with mixed depression and anxiety), bilateral hip disability, cervical spine disability, and bilateral knee disability have been denied as the evidence does not support a finding that these conditions are related to active duty service or secondary to his service-connected low back sprain.

The Veteran's claim for COPD was denied as there is no evidence of a current disability and the Board finds that any such condition is not related to service.,Osteoarthritis claims were also denied, with the Board finding that arthritis did not manifest during service or within one year post-service and is not linked to service.,The Veteran's claim for hepatitis-C infection was denied as there is no evidence of a current disability and it is not related to service.,Scoliosis was denied as there is no evidence of a current disability and the Board finds that any such condition is not related to service.,Chronic dry skin with pruritis claims were denied as there is no evidence of a current disability and the Board finds that any such condition is not related to service or an undiagnosed illness.,The Veteran's claim for joint/muscle pain, memory loss, anxiety, depression, night sweats, mood swings, emotional problems, sleep disturbance, nightmares and neurological symptoms was denied as there is no evidence of a current disability and the Board finds that any such condition is not related to service or an undiagnosed illness.

The Veteran's PTSD with anxiety symptoms and bipolar disorder are found to be related to his service in Vietnam, including the TET Offensive. Service connection is granted for these conditions.