Anxiety decisions — 2015

The Veteran's service-connected disabilities have been shown to prevent him from securing and following substantially gainful employment, warranting a total disability rating based on individual unemployability.

The Veteran withdrew his appeal for the issues of service connection for a skin rash and left ankle disability prior to the Board's decision.

The Board has determined that additional development is needed to determine the nature and etiology of any acquired psychiatric disorders, including those related to the Veteran's service. The case will be returned to the AOJ for this purpose.

The Board has remanded the case for additional development, including obtaining private and VA treatment records and scheduling a VA examination to determine if any current psychiatric disorders are related to military service.

The Veteran's PTSD with depression and anxiety caused total occupational and social impairment, warranting a rating of 100 percent for the periods September 18, 2009 to May 25, 2011 and July 1, 2011 to September 12, 2011.

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

The Veteran's claim for service connection for PTSD was reopened and granted. The Board found that the Veteran has been diagnosed with PTSD, related to fear of hostile military activity during his service in Korea, and thus meets the criteria for service connection under 38 C.F.R. § 3.304(f)(3).

The Board has determined that the Veteran's PTSD is service-connected, as his symptoms are related to his in-service experiences and meet the diagnostic criteria for PTSD.

The Board has granted service connection for an acquired psychiatric disability, to include anxiety disorder and major depressive disorder, secondary to the Veteran's service-connected disabilities.

The Veteran's psychiatric disability, including bipolar disorder, anxiety, and depression, was rated at 30 percent prior to March 15, 2015, and at 50 percent as of that date. The decision granted the higher rating but did not address the TDIU claim.

The Board found no evidence of a psychiatric disorder during service and determined that the current acquired psychiatric disorders are not related to service. Service connection for an acquired psychiatric disorder is denied.

The Board has remanded the case for additional development, including an addendum opinion from a VA examiner regarding whether the Veteran's pre-existing psychiatric disability existed prior to his entry into service and if it was permanently aggravated by in-service injury or as a result of any incident of service.

The Veteran's claim of service connection for chronic bronchitis was denied due to lack of a chronic residual respiratory disorder. The claims for acquired psychiatric disorders, low back disorder, and deafness in the right ear were also denied as there is no evidence linking these conditions to his military service.

The Board has granted service connection for PTSD, MDD, anxiety disorder and a neurological disability (headaches, muscle burning, memory loss and tics/tremors) as secondary to the Veteran's service-connected acquired psychiatric disorders. The seizure disorder claim is also granted.

The Veteran's anxiety disorder more nearly approximates occasional decrease in work efficiency and intermittent periods of inability to perform occupational tasks rather than reduced reliability and productivity.

The Board has determined that the Veteran's anxiety disorder is related to service, and thus grants service connection for this condition. The claim for bilateral hearing loss remains denied as there is no evidence of a current disability for VA purposes.

The Veteran's death was not caused by VA care or negligence. The Veteran did not meet the criteria for DIC benefits under 38 U.S.C.A. § 1318 as his service-connected disabilities were rated at less than total disability and he had no pending claims for VA benefits.

The Board has remanded the case for further development, including scheduling a video conference hearing before a Veterans Law Judge.

The Veteran's anxiety disorder with memory and concentration impairment has been rated at 70 percent from November 6, 2002 to March 7, 2012. The rating is based on the severity of symptoms affecting his occupational and social functioning.

The Veteran's depressive disorder, with associated anxiety and alcohol use, resulted in reduced reliability and productivity but did not meet the criteria for a higher rating due to total occupational and social impairment.