Anxiety decisions — 2016

The Board granted a 40 percent rating for the Veteran's low back disorder, effective from March 31, 2015. The decision also found service connection for right leg radiculopathy secondary to the low back disorder.

The Veteran's service-connected anxiety disorder has resulted in significant occupational and social impairment, warranting a 70 percent disability rating since August 5, 2013.

The Veteran's PTSD was granted a disability rating of 50 percent effective September 2014, and the issue of TDIU to include on an extraschedular basis is referred for further action.

The Board denied service connection for a psychiatric disability other than persistent depressive disorder. The initial rating of 40% for degenerative disc disease and arthritis of the lumbar spine was granted, effective July 31, 2006. Service connection for TDIU was also denied.

The Board has denied the Veteran's claims for service connection for an acquired psychiatric disability and for a compensable rating for hepatitis C. The Veteran is not entitled to these benefits based on the evidence of record.

The Board found that the Veteran does not have an acquired psychiatric disorder due to any incident of his active duty service.

The Board found that the effective date for the grant of service connection for an adjustment disorder with depression and anxiety cannot be earlier than July 19, 2010 as there was no informal claim received within one year after separation from military service in September 30, 2007. The Veteran's initial informal claim for service connection for a psychiatric disability was filed on July 19, 2010.

The Veteran's appeal is being remanded due to the need for a video conference hearing and issuance of a Statement of the Case regarding his scars claim.

The Veteran's bronchial asthma is currently rated at 30 percent, which does not meet the criteria for a higher rating. The Board finds that his service-connected disabilities do not render him unemployable as he has been able to maintain employment in the past and can perform other less demanding work.

The Board has determined that the Veteran's anxiety disorder, bipolar disorder, and PTSD are related to his military service. The appeal is granted.

The Board has determined that the Veteran's diagnosed psychiatric disorders are not etiologically related to service and therefore denied his claim for service connection.

The Board has determined that the Veteran's anxiety and depressive disorders were incurred in active service.

The Veteran's acquired psychiatric disability, including anxiety disorder and major depressive disorder, was not found to warrant a rating in excess of 30 percent prior to August 16, 2013.

The Veteran is unable to secure or follow substantially gainful employment due to his service-connected disabilities from July 29, 2011 to September 1, 2015. His combined rating of 80% meets the criteria for a TDIU under 38 C.F.R. § 4.16(a).

The Veteran's appeal is being remanded for a Travel Board hearing at the RO. The claims of reopening service connection for respiratory and psychiatric disabilities, as well as seeking an initial disability rating for chronic sinusitis, are pending.

The Veteran has been diagnosed with anxiety and depressive disorders that are believed to have originated during his military service, particularly his deployment in Kuwait. Service connection is granted for these conditions.

The Board denied the claim for service connection for an acquired psychiatric disorder, including PTSD and anxiety disorder with depression. The decision is based on a finding that there was no current disability.

The Board has revised the April 1982 rating decision to grant service connection for atypical anxiety disorder, effective from December 1, 1981.

The Veteran's appeal is being remanded for further development, including obtaining additional VA and private medical records, as well as SSA disability records. The case will be returned to the Board after these records are obtained.

The Veteran's acquired psychiatric disorder, including PTSD, anxiety, memory loss, and depression, is related to his service-connected diabetes mellitus. The Board has granted service connection for this condition.