Anxiety decisions — 2016

The Board has granted service connection for tinnitus and an acquired psychiatric disability (to include anxiety and depression) as secondary to the Veteran's service-connected low back disorder.

The Board has decided that the Veteran's claim for service connection for an acquired psychiatric disorder, to include schizophrenia, needs additional development and is therefore being remanded.

The Veteran's claim for service connection for major depressive disorder with anxiety disorder and cannabis dependence (in remission) associated with lumbosacral strain, with degenerative arthritis of the spine and intervertebral disc syndrome was denied as there is no objective evidence that a formal or informal claim seeking this benefit was received by VA prior to November 29, 2011.

The Board denied the Veteran's claims of service connection for an acquired psychiatric disorder and whether new and material evidence has been received to reopen a claim of entitlement to service connection for a bilateral knee disorder.

The Veteran's claims for service connection were granted, and he was assigned a 30 percent rating for his vertigo as of November 27, 2006. The issues of increased initial ratings for TBI-related disabilities and entitlement to TDIU are also addressed.

The Board has reopened the claim for service connection for an acquired psychiatric disorder other than PTSD due to new and material evidence. However, the Veteran does not have a diagnosed acquired psychiatric disorder, including PTSD, that is related to his military service.

The Veteran's right foot disorder, including a chronic foot strain and plantar fasciitis, was incurred in service. The Board finds that the preponderance of evidence supports this finding.

The Veteran's unspecified anxiety disorder is currently rated at 70 percent, and the Board has determined that a higher rating is not warranted. The evidence shows symptoms consistent with a 70 percent disability rating.

The Veteran's service-connected other specified anxiety disorder has resulted in significant occupational and social impairment, warranting a 70 percent disability rating effective January 21, 2016.

The Veteran's appeal is being remanded for additional development of his VA and private treatment records, as well as any updated vocational rehabilitation records. The case will be readjudicated after these records are obtained.

The Veteran's depressive disorder with anxiety has been rated at 70 percent since February 26, 2016. The rating is based on the severity of symptoms and occupational and social impairment.

The Veteran's claims for service connection for vertigo and anxiety disorder, to include as secondary to vertigo, are denied.

The Board finds that the Veteran does not have a current diagnosis of an acquired psychiatric disorder, and her symptoms are more likely related to her pre-existing personality disorder rather than service connection.

The Veteran's symptoms of depression, anxiety, and insomnia are attributed to her service-connected fibromyalgia. The claim for an acquired psychiatric disorder is denied as the claimed conditions are not due to undiagnosed illness or other qualifying chronic disability. The claim for bilateral hand tremors remains pending.

The Board found that the Veteran's service-connected conditions did not cause or contribute substantially to his death. The July 2016 VHA opinion concluded that the Veteran's cardiovascular problems were not related to his military service and that his chronic anxiety disorder was less likely than not a contributory cause of his death.

The Veteran's appeal is being remanded to the AOJ for further development and consideration of his claims, including whether new and material evidence has been received to reopen his claim for service connection for headaches.

The Board has reopened the Veteran's claim for service connection for depression and granted it. The Veteran is also entitled to a VA examination to determine if his current psychiatric disabilities are related to active service, including mental health treatment during service, and/or diabetic retinopathy. Additionally, he needs a VA examination to assess whether his bilateral hand disability is caused or aggravated by his service-connected knee disabilities.

The Veteran's claims for service connection for tinnitus, diabetes mellitus type II, bilateral vision loss, a psychiatric disability (anxiety disorder and posttraumatic stress disorder), chronic headaches, sleep apnea, chronic obstructive pulmonary disease, arthritis of the right shoulder, arthritis of the left shoulder, low back disability, right hip disability, left hip disability, arthritis of the right knee, arthritis of the left knee, right upper extremity peripheral neuropathy, left upper extremity peripheral neuropathy, and left lower extremity peripheral neuropathy have been denied. The Veteran's claim for an initial compensable rating for bilateral hearing loss has also been denied.

The Board has remanded the case due to the need for updated VA treatment records and a new psychiatric examination. The Veteran's reports of depression beginning in service will be evaluated, along with any supporting evidence.

The Veteran's anxiety disorder has been rated at 50 percent since April 16, 2009. The evidence shows that his symptoms have caused occupational and social impairment with reduced reliability and productivity but not to the extent required for a higher rating.