Anxiety decisions — 2016

The Veteran's adjustment disorder with anxiety and depressed mood has been rated at 30 percent, the minimum rating available for this condition.

The Veteran's claim for education benefits under the Post-9/11 GI Bill is granted as he meets the eligibility requirements due to his service-connected anxiety disorder with alcohol abuse resulting in a discharge from active duty.

The Veteran's anxiety disorder NOS with PTSD and MDD has been rated at 70 percent, the highest schedular rating available. The Board also found that he is entitled to a TDIU throughout the appeal period.

The Veteran's lumbar myalgia is rated at 20 percent since January 27, 2014. Service connection for rhinitis and an acquired psychiatric disability (including PTSD and generalized anxiety disorder) are granted. The muscle ache disability claim is denied.

The Veteran's anxiety disorder is currently rated at 30 percent, effective September 22, 2014. The Board finds that the evidence does not support a higher rating for any period prior to September 22, 2014.

The Veteran's appeal is being remanded due to the failure to schedule a videoconference hearing at the St. Louis RO as requested.

The Veteran's PTSD, depression, and anxiety are found to be related to an in-service rape, which has been corroborated. As a result, service connection for these conditions is granted.

The Veteran's generalized anxiety disorder is rated at 50 percent, effective from the date of the decision.

The Board granted service connection for somatoform disorder and hypertension, finding that these conditions were etiologically related to the Veteran's service. The other claims of service connection were denied.

The Board found that there is no current evidence of an acquired psychiatric disability, and thus denied the Veteran's claim for service connection.

The Veteran's claim for an increased disability rating for his acquired psychiatric disabilities was denied by the RO in July 2009, and later affirmed by a December 2011 Supplemental Statement of the Case. The appeal is dismissed due to the Veteran's death.

The Board has remanded the Veteran's claims for an increased rating for PTSD and a TDIU due to new evidence submitted by the Veteran, including his recent employment at a retail store. The AOJ is instructed to obtain all relevant records from the Omaha VAMC, provide the Veteran with another VA Form 21-8940 (Veteran's Application for Increased Compensation Based on Unemployability) and request additional information about his earned income since March 2011.

The Board has determined that the Veteran's acquired psychiatric disorder, including bipolar disorder, sleep disorder, anxiety attacks, schizophrenia, and depression, is related to his service. Therefore, service connection for this condition is granted.

The Veteran's psychiatric disorder is currently rated at 50 percent, effective September 10, 2014. The rating reflects occupational and social impairment with reduced reliability and productivity due to symptoms such as flattened affect, impaired judgment, difficulty understanding complex commands, and impairment of short- and long-term memory.

The Veteran's generalized anxiety disorder is related to his military service and service connection for this condition is granted. Service connection for PTSD is not warranted.

The Board has determined that the Veteran's acquired psychiatric disorders, including dysthymia, depressive disorder, generalized anxiety disorder, and alcohol and cannabis dependence, are permanently worsened in severity beyond a normal progression by his service-connected migraine headaches. Therefore, the claim for secondary service connection is granted.

The Veteran's appeal is being remanded due to incomplete development of records and the need for a Travel Board hearing.

The Board has remanded the case for additional development due to a need for a VA examination and medical opinion regarding the nature and etiology of any current acquired psychiatric disorder other than PTSD and anxiety disorder NOS.

The Veteran's initial evaluation for GAD prior to October 29, 2008, was granted at a 50 percent rating.

The Veteran's appeal is being remanded for further development, including a new VA examination and consideration of his claim for TDIU.