Anxiety decisions — 2014

The Veteran's appeal is being remanded for a VA psychiatric examination to determine if his current psychiatric disorders are related to service. The case will be returned to the Board after further development.

The Board has determined that the Veteran does not have a current diagnosis of PTSD, depression, or anxiety disorder and therefore cannot establish service connection for these conditions.

The Board has denied the Veteran's claims for service connection for an acquired psychiatric disorder, a sleep disorder, and a digestive disorder. The adjustment disorder was not incurred in or caused by service, while the sleep impairment is attributed to non-service-connected back pain and adjustment disorders. The mild diverticulum and polyps are not related to service.

The Board found that there is no credible evidence of a TBI during service, and thus denied the Veteran's claim for service connection for residuals of a traumatic brain injury.

The Veteran's adjustment disorder with mixed anxiety and depressed mood has been rated at 70 percent, the highest available rating under the General Rating Formula for Mental Disorders.

The Veteran's appeal for a sleep disorder was withdrawn prior to the Board making a decision. The TDIU claim is remanded due to outstanding VA treatment records and need for a Social Industrial Survey.

The Veteran's TDIU claim is being remanded for further development, including a VA examination to assess the functional impact of her service-connected disabilities on her employability.

The Veteran's claims for increased ratings for migraine cluster headaches and anxiety disorder have been denied. The Veteran is not entitled to a higher rating for her anxiety disorder, as the maximum schedular rating has already been assigned. For her migraine cluster headaches, the evidence does not support an extraschedular evaluation.

The Board has remanded the case for further development and examination, including obtaining additional medical records and scheduling a VA examination. The issues include service connection for bilateral hearing loss, tinnitus, hypertension, and an acquired psychiatric disorder.

The Board found that the Veteran's current psychiatric disability was not incurred as a result of his active military service and denied his claim for service connection.

The Veteran's appeal is being remanded to obtain additional medical records and for further development. The claims of entitlement to higher ratings for adjustment disorder with anxiety and TDIU are inextricably intertwined.

The Board has remanded the case for a new VA psychiatric examination to determine if any of the Veteran's diagnosed psychiatric disorders are related to service or pre-existing conditions.

The Veteran's service-connected disabilities, including anxiety disorder, NOS (now depressive disorder with symptoms of PTSD) and tinnitus, are found to preclude him from securing or following a substantially gainful occupation. As such, the Board grants his claim for TDIU.

The Veteran's appeal is remanded due to the need for additional medical evidence and a VA examination. The issues of service connection for PTSD, adjustment disorder with depressed mood and anxiety, and SMC are inextricably intertwined.

The Board has remanded the case for additional development, including a VA examination to determine the etiology of the Veteran's anxiety disorder and to ensure all relevant records are associated with the claims file.

The Veteran does not have an innocently acquired psychiatric disability, to include PTSD, MDD, anxiety disorder and OCD, due to disease or injury that was incurred in or aggravated by service; nor may a psychosis be presumed to have been incurred therein.

The Veteran's service-connected disabilities do not preclude him from obtaining and maintaining substantially gainful employment consistent with his education and work experience.

The Board denied the Veteran's claims for service connection for depression and other psychiatric conditions, including PTSD. The claim for depression was previously denied in 2007, but new evidence did not relate to the unestablished fact of nexus between military service and current depression. The Veteran has been diagnosed with an anxiety disorder and depression, but no diagnosis of PTSD or any other specific stressor-related psychiatric condition.

The Veteran's PTSD with anxiety disorder has been rated at 30 percent since February 22, 2010. The VA examiner found that the Veteran's symptoms have caused occupational and social impairment with reduced reliability and productivity due to such symptoms as: a depressed mood, anxiety, social isolation, difficulty adapting to stressful circumstances, disturbances in motivation, short term memory loss, and trouble sleeping through the night. Resolving all reasonable doubt in her favor, the Board finds that an initial 50 percent rating is warranted for PTSD with anxiety disorder.

The Veteran's service-connected conversion disorder, anxiety disorder NOS, and major depressive disorder were reduced from a 100% rating to a 70% rating effective April 1, 2011.