Anxiety decisions — 2017

The Veteran's claims of service connection for adjustment disorder with mixed anxiety and depressed mood, as well as peptic ulcer disease were denied in a September 2014 rating decision. The Veteran did not file a timely Substantive Appeal to perfect his appeal.

The Board finds that the Veteran does not have a separately diagnosed psychiatric disorder other than PTSD, and therefore service connection for an acquired psychiatric disorder is denied.

The Board has remanded the case for a VA psychiatric examination and opinion to determine the nature and etiology of any current acquired psychiatric disorder, including major depressive disorder, anxiety disorder, and mood disorder. The examiner is asked to provide opinions regarding whether these conditions are related to military service.

The Veteran withdrew his appeal for the issues of entitlement to service connection for emphysema/COPD, higher ratings for bilateral hearing loss and adjustment disorder with anxiety and depressed mood, and a TDIU from May 12, 2008 to December 8, 2010.

The Board has remanded the case due to unavailability of medical records from Bell County Jail and Psychological Associates, P.A. The Veteran's claims for service connection are being returned to the AOJ for further development.

The Board has remanded the case due to missing or unavailable Veteran's STRs and other documents that need translation. The claims for service connection will be reconsidered after these records are obtained.

The Veteran's appeal has been withdrawn by the appellant and his representative, resulting in the dismissal of all open claims on appeal.

The Veteran's anxiety disorder has been rated as non-compensable since February 19, 2010. The Board found that the evidence supports a grant of a 10 percent rating for this condition.

The Veteran's anxiety disorder with gastrointestinal features is rated at 70 percent effective August 11, 2013. The evidence does not support a higher rating.,Scar on neck is currently rated as 0 percent.

The Veteran withdrew his appeals for the issues related to bilateral hearing loss, diabetes mellitus, type II, and anxiety disorder prior to the Board's decision.

The Veteran is entitled to a TDIU based on her service-connected acquired psychiatric disability since May 15, 2001. However, she has been able to maintain substantially gainful employment since June 30, 2015.

The Board found that the Veteran's service from November 28, 2000, to May 28, 2004, was discharged under Other Than Honorable (OTH) conditions due to misconduct. Therefore, this period of service is considered a bar to VA benefits.

The Board denied the appellant's claims for service connection for bilateral hearing loss, tinnitus, and anxiety disorder. The right shoulder condition was rated at 20 percent prior to May 13, 2013, and 40 percent thereafter. The scar on the knee is not compensable.

The Veteran's claims for service connection for headaches, acquired psychiatric disorder (PTSD, panic disorder, depression, anxiety), and sleep apnea have been granted. The scar of the right breast is rated at 10%.,Service connection has also been established for anemia with a rating of 10%. A higher evaluation is not warranted.

The Board has determined that the Veteran's major depressive disorder with anxiety is related to his service and grants service connection for this condition.

The Veteran's depression was not productive of total occupational and social impairment for the period on appeal prior to September 4, 2014. Therefore, an evaluation in excess of 70 percent is denied.

The Veteran's claims for a compensable rating for bilateral hearing loss, an initial rating higher than 70 percent disabling for anxiety disorder, and entitlement to TDIU were denied due to the Veteran's failure to report for VA medical examinations.

The Board has ordered a new VA examination to determine the nature and etiology of any currently present psychiatric disabilities, including PTSD. The Veteran's service connection claim will be remanded for further development.

The Veteran's service-connected other specified anxiety disorder has resulted in social impairment and reduced reliability but not occupational and social impairment with deficiencies in most areas. The current rating of 50% is appropriate.

The Board has determined that additional development is needed to properly adjudicate the Veteran's claims, including for service connection and a rating for his lumbar spine disability.