Anxiety decisions — 2016

The Veteran's anxiety disorder is currently rated at 30 percent disabling, effective December 29, 2015. The rating reflects occupational and social impairment with deficiencies in most areas due to symptoms such as difficulty establishing and maintaining effective relationships.

The Board has ordered additional development to verify the Veteran's claimed in-service stressors and obtain VA treatment records. The case will be remanded for these actions.

The Veteran's claim for nonservice-connected pension benefits has been denied as he does not meet the criteria of being permanently and totally disabled from non-service-connected disabilities.

The Veteran's claim for restoration of compensation for PTSD from December 17, 1958 is denied as there was no timely appeal of the final rating decisions reducing his service-connected conditions.

The Veteran's claim for service connection for sleep apnea, including as due to his service-connected disabilities, is being remanded for additional development.

The Veteran's claim for a higher rating for his service-connected major depressive disorder and generalized anxiety disorder with chest pain is being remanded due to the need for updated medical records and an examination.

The Veteran's acquired psychiatric disorder, including PTSD, major depressive disorder and generalized anxiety disorder, is related to his active service. Service connection for these conditions has been granted.

The Board has granted service connection for the Veteran's current psychiatric disorders, including major depressive disorder and anxiety disorder NOS, finding that there is at least a reasonable doubt in favor of service connection.

The Board has remanded the case for further development, including obtaining VA treatment records and scheduling a hearing. The Veteran's claims of service connection for bilateral hearing loss, an acquired psychiatric disorder other than posttraumatic stress disorder, to include major depressive disorder, dysthymia, bipolar disorder, and anxiety disorder, not otherwise specified; entitlement to a higher initial disability rating for posttraumatic stress disorder; and entitlement to a total disability rating based on individual unemployability due to service-connected disability are now before the Board.

The Board found that the Veteran does not have a confirmed diagnosis of PTSD related to an in-service stressor and therefore denied his claim for service connection for acquired psychiatric disabilities, including PTSD, anxiety, and depression.

The Board has remanded the case for additional development, including a new VA examination to address the Veteran's psychiatric disability claim and issuance of a statement of the case regarding his nonservice connected pension issue.

The Board has granted the Veteran's claims for service connection for ADHD and PTSD with depression, anxiety, and restless leg syndrome. The higher initial ratings for PTSD and tinnitus are also granted.

The Veteran's appeal was granted for service connection of an acquired psychiatric disorder (adjustment disorder with mixed depression and anxiety) due to his in-service experiences. The claim for fibromyalgia/joint pain involving the shoulders, knees and hands is considered as part of this grant. The issue regarding non-service connected pension benefits remains pending.

The Veteran's acquired psychiatric disorder, now diagnosed as Generalized Anxiety Disorder, was not shown to be incurred in or aggravated by service. Bilateral hearing loss and tinnitus were also not shown to be related to service.

The Board has determined that the Veteran does not have an acquired psychiatric disorder, to include panic disorder, manic-depressive disorder, agoraphobia with panic, and anxiety disorder, related to his active duty service. The claim for service connection for a concussion is remanded as additional evidence was submitted after the statement of the case was issued.

The Board has remanded the case for additional development due to inadequate examination reports and failure to address all requested opinions.

The Board found that the Veteran's emergency room visit at a private facility on October 31, 2012 was not for an authorized service-connected condition and did not meet the criteria for reimbursement under VA regulations. The treatment provided was deemed non-emergency in nature.

The Board has determined that there is no credible medical evidence of a nexus between the claimed in-service disease or injury and the present disability, including major depression and anxiety. As such, service connection for an acquired psychiatric disorder (other than PTSD), to include major depression and anxiety, is denied.

The Veteran's adjustment disorder with mixed anxiety and depressed mood is rated at 50 percent, but her symptoms do not meet the criteria for a higher rating as they do not present occupational and social impairment with deficiencies in most areas.

The Veteran's PTSD has been characterized by symptoms of chronic sleep impairment, flattened affect, disturbances of motivation and mood, weekly nightmares and/or flashbacks, social isolation, occasional suicidal ideation without intent or plan, inability to establish and maintain effective social relationships, difficulty in adapting to stressful circumstances such as work or a work-like setting, and impaired impulse control marked by unprovoked irritability with periods of violence. For the entire period on appeal, the criteria for a 70 percent evaluation, but no higher, for PTSD are met.