Anxiety decisions — 2016

The Board has remanded the Veteran's claims for further development, including obtaining VA and private treatment records, clarifying his employment history since March 2014, and providing a new VA examination to assess the severity of his service-connected psychiatric disorders.

The Board has determined that the Veteran's current TBI and psychiatric disorders are related to his service, including multiple in-service head injuries. The claim for a neck injury is also remanded.

The Veteran's service-connected disabilities did not preclude him from securing and following substantially gainful employment prior to January 7, 2008. Effective January 7, 2008, the right shoulder disability alone met the schedular criteria for a TDIU.

The Veteran's claim for a higher rating for his service-connected lumbar spine disability has been granted, with the assigned rating of 20 percent.

The Board has found that the Veteran's tinnitus manifested in service and is related to military noise exposure, thus granting service connection for tinnitus. The psychiatric disability claim remains pending as it was not addressed by the RO.

The Veteran's appeal is remanded to address whether the September 1982 rating decision, which denied service connection for PTSD and atypical anxiety disorder, should be revised or reversed on grounds of CUE.

The Veteran's depression is found to be as likely as not incurred during his active service, and the claim for service connection for depression is granted.

The Veteran's psychiatric disability, primarily depression and anxiety, has been rated based on the severity of symptoms. The VA determined that the current level of impairment does not warrant a higher rating.

The Board finds that the evidence is at least evenly balanced as to whether service connection for an acquired psychiatric disorder, including PTSD with sleep disturbances, depressive disorder, alcohol abuse, and anxiety disorder, is warranted. The Veteran has been diagnosed with PTSD under the DSM-IV and there is no probative evidence that controverts that diagnosis. He has also been diagnosed with a host of other mental health disorders. It is uncontroverted that experienced stressors during his deployment to Iraq. Finally, the September 2015 VA examiner has related the Veteran's mental health symptoms to those stressors experienced during service. As the reasonable doubt created by this relative equipoise in the evidence must be resolved in favor of the Veteran, entitlement to service connection is granted.

The Veteran's appeal is remanded due to the need for additional VA examination and records, as well as a supplemental opinion from the examiner.

The appellant's hidradenitis suppurativa and anxiety disorder were not considered permanent disabilities at the time of her eighteenth birthday, leading to a denial of recognition as the Veteran's 'child' for VA benefits.

The Board found that the Veteran does not have a current diagnosis of PTSD and his acquired psychiatric disorder other than PTSD was first diagnosed more than one year following service, thus denying service connection.

The Veteran has withdrawn his appeals regarding an increased rating for PTSD, service connection for bilateral hearing loss, and service connection for tinnitus.

The Board found that the Veteran does not have an acquired psychiatric disorder, to include PTSD, due to his service and denied the claim.

The Veteran's claim for service connection of depression was granted with an effective date of February 27, 1981. This is the earliest possible effective date as it is the day VA received his informal claim for a psychiatric disorder.

The Board found that the Veteran's acquired psychiatric disorders were not incurred in or aggravated by service and are not proximately due to his service-connected back disability.

The Veteran's anxiety disorder, including as a result of Vietnam exposure, has been granted service connection and rated at 30 percent since July 2010.

The Board found that the Veteran does not meet the criteria for a diagnosis of PTSD and concluded that service connection is not warranted for any other acquired psychiatric disorder.

The Veteran's PTSD with anxiety and depression symptoms resulted in occasional decrease in work efficiency and intermittent periods of inability to perform occupational tasks, warranting a 30 percent evaluation.

The Veteran's claim for service connection for a neuropsychiatric condition, including PTSD and other psychiatric conditions, is being remanded due to the need for additional development of his medical records and an updated VA examination.