Anxiety decisions — 2014

The Veteran's anxiety disorder with PTSD symptoms has been rated at 50 percent since the initial grant of service connection, and the Board finds that his disability does not warrant a higher rating based on current symptomatology.

The Veteran's anxiety disorder is rated at 70 percent disabling, effective July 20, 2012. The Board finds that the evidence does not support a higher rating for his anxiety disorder or any of the other conditions listed.

The Veteran's PTSD, anxiety neurosis in a schizoid personality, and psychiatric disorder other than PTSD are all found to be related to his service. The claim for hypertension is also granted as it is considered part of the same disability picture.

The Board has recharacterized the Veteran's original claims of entitlement to service connection for anxiety disorder, dysthymic disorder, major depressive disorder, and chronic adjustment disorder as a claim for service connection for an acquired psychiatric disorder. The appeal is denied because there is no evidence that the Veteran's acquired psychiatric disorder had onset during active service or was caused by his service-connected asbestosis.

The Board found that the Veteran's claimed acquired psychiatric disability, including PTSD and anxiety disorder, did not meet the criteria for service connection due to lack of evidence linking it to active duty or in-service personal assaults. The VA examiner concluded there was no diagnosis of PTSD based on a verified in-service stressor.

The Board has determined that the November 1, 1950 rating decision denying service connection for an acquired psychiatric disorder was clearly and unmistakably erroneous. Service connection is granted effective May 15, 1950.

The Board has granted service connection for a psychiatric disability, to include generalized anxiety disorder and depressive disorder. The evidence is at least in equipoise as to whether these conditions are related to active service.

The Board has determined that the Veteran's dental condition, which is associated with and aggravating her service-connected depression and anxiety disability, meets the criteria for service connection.

The Board has reopened the Veteran's claim for service connection for a back disorder. The issue of service connection for an acquired psychiatric disorder remains pending as new evidence suggests it may be related to service, but further examination is needed.

The Board has remanded the case for additional development, including obtaining service treatment records and a VA examination to determine if the Veteran's pre-existing psychiatric condition was aggravated during his period of active duty service.

The Board has determined that the Veteran's right ankle disability did not have its clinical onset in service or within one year of separation, and is not otherwise related to active duty. The Board also found no evidence linking his current acquired psychiatric disorder to service.

The Veteran's appeal was dismissed due to his death during the pendency of the claim for an initial rating in excess of 30 percent for anxiety disorder.

The Board has reopened the Veteran's claim and found that his anxiety disorder with PTSD features is related to an in-service personal assault, granting service connection for this condition.

The Board has remanded the case for additional development of service personnel records, particularly concerning the Veteran's alleged service in Vietnam and Laos. The claim will be reconsidered after this development.

The Board has remanded the case for further development, including obtaining additional VA and private treatment records, scheduling a VA psychiatric examination, and ensuring that all requested actions have been completed.

The Veteran's service-connected disabilities combine to make him unemployable, and the Board grants entitlement to TDIU.

The Board has determined that the Veteran's GAD warrants a 70 percent evaluation from June 22, 2012, based on his symptoms of multiple weekly episodes of depression with anxiety, chronic sleep impairment, disturbances of motivation and mood including explosive character volatility and aggression, severe difficulty in establishing effective personal and work relationships, occasional suicidal ideation (passive without actual intent or plan), and intermittent inability to perform activities of daily living. This meets the criteria for a 70 percent evaluation.

The Board has determined that additional development is needed before the Veteran's claim of entitlement to an initial disability rating in excess of 10 percent for anxiety disorder can be decided. The case is therefore REMANDED.

The Board has remanded the case for additional development, including obtaining service treatment records and scheduling a VA examination to determine the etiology of any acquired psychiatric disorder.

The Board finds that the Veteran's acquired psychiatric disorder, including depression, is due to service and grants service connection for this condition. The other issues are decided below.