Anxiety decisions — 2016

The Board has remanded the case for additional development, including obtaining service treatment records and medical opinions regarding the etiology of the veteran's psychiatric and back disabilities.

The Veteran's service-connected depression with anxiety disorder has resulted in occupational and social impairment, warranting a 70 percent disability rating.

The Veteran's appeals have been withdrawn by his representative, and the Board does not have jurisdiction to review these claims.

The Board has remanded the case for additional development due to outstanding VA treatment records, specifically psychiatric and substance abuse records.

The Board finds that the Veteran does not have a current diagnosis of PTSD and does not meet the applicable criteria for a diagnosis of PTSD. The preponderance of the evidence is against finding that his diagnosed acquired psychiatric disorder was present in service or for many years thereafter, and has not been shown by competent and probative medical evidence to be etiologically related to his military service.

The Veteran's service-connected general anxiety disorder is currently rated at 30 percent prior to August 17, 2010 and at 50 percent thereafter. The appeal was denied as the evidence did not meet the criteria for higher ratings.

The Veteran requested to terminate his appeals for increased ratings and TDIU, effective upon receipt of the withdrawal request in June 2016.

The Veteran's claims for service connection and effective dates were denied. The Board found no evidence of a current disability other than PTSD, which is already in service connection.

The Veteran's claims for service connection were denied. The Board found that steatohepatitis, an acquired psychiatric disorder, and a gastrointestinal disorder are not related to military service.

The Veteran's appeal is remanded due to the need for a VA examination, additional treatment records, and an audit of his disability compensation benefits. The issues include increased rating for anxiety disorder, TDIU, and simultaneous VA compensation benefits and nonservice-connected disability pension payments.

The Veteran's claim for service connection for a bilateral hearing loss disability was denied as he does not have a current hearing disability of sufficient severity to constitute a disability for VA compensation purposes.

The Veteran's anxiety disorder is currently rated at 10 percent, effective December 7, 2011. The Board found that the disability does not meet or approximate criteria for a higher rating.

The Board has reopened the claim of entitlement to service connection for an acquired psychiatric disorder, including PTSD and anxiety disorder NOS. The Veteran's new VA treatment records have been added to the record, and a request for verification of his claimed in-service stressor has been made. A VA examination is needed to assess the nature and etiology of any bilateral leg disability other than peripheral neuropathy.

The Board has determined that additional development is needed to properly adjudicate the Veteran's claims for service connection for PTSD, unspecified anxiety, and major depressive disorder. This includes obtaining treatment records from the Vet Center in Albuquerque, New Mexico, scheduling a VA examination, and providing an etiological opinion regarding the nature and origin of the Veteran's psychiatric conditions.

The Veteran's acquired psychiatric disability, including PTSD and mood disorder, is at least as likely as not caused by an in-service assault. Service connection for this condition is granted.

The Board has determined that the Veteran's diagnosed restless leg syndrome had onset during his second period of active service, and therefore grants service connection for this condition. The issue regarding a psychiatric disorder, claimed as anxiety disorder, is addressed in the REMAND portion of the decision.

The Board has determined that it is at least as likely as not that the Veteran's acquired psychiatric disability, currently diagnosed as PTSD, anxiety, and depression, was incurred in active service due to a sexual assault.

The Veteran's appeal is remanded due to the need for a videoconference hearing before the Board of Veterans' Appeals.

The Veteran's claim for service connection for an acquired psychiatric condition, including PTSD, anxiety disorder, and major depressive disorder, is being remanded due to the need for further development of his military service records and stressor verification.

The Veteran's claim for service connection for a psychiatric disorder, including PTSD and anxiety disorder, is being remanded due to the need to obtain additional medical records and conduct further examination.