Anxiety decisions — 2018

The Board denied an increased rating for anxiety disorder NOS and remanded the TDIU claim.

The Veteran's appeal for a restoration of a 70% rating for anxiety disorder was denied, and his claim for TDIU was also denied. The Veteran had previously been rated at 10%, then later at 50% for anxiety disorder.

The Veteran's claims for psychiatric disability, left shoulder biceps tendonitis and acromioclavicular joint arthrosis and osteoarthritis, right elbow disability, major depressive disorder, other specified trauma and stress related disorder, and anxiety disorder unspecified have been granted. The evidence is at least evenly balanced as to whether these disabilities began during active service.

The Veteran's appeal is remanded due to the need for additional examinations and evaluations regarding his service-connected conditions, particularly those related to sleep apnea.

The Board has remanded the Veteran's claims of service connection for an acquired psychiatric disorder, including PTSD, and entitlement to a total disability rating based on individual unemployability (TDIU) due to insufficient evidence. A VA examination is needed to determine the nature and etiology of any acquired psychiatric disorders.

The Veteran's anxiety disorder was rated at 50 percent prior to July 14, 2014 and increased to 70 percent thereafter.,Effective September 2015, the Veteran is granted a TDIU based on his service-connected anxiety disorder.

The Veteran's generalized anxiety disorder is currently rated at 30 percent, but the Board finds that his symptoms do not warrant a higher rating as they do not meet the criteria for a 50 percent or higher disability rating.

The Board has decided that the Veteran's claims for increased disability ratings for bilateral pes planus with degenerative arthritis and right metatarsalgia and hallux valgus, as well as an unspecified anxiety disorder, need to be remanded due to a lack of recent medical evidence. The Veteran will need to undergo new VA examinations to determine the current severity of her service-connected conditions.

The Veteran's claim for a higher rating for GAD was denied, with the Board finding that his symptoms did not warrant a 50 percent or higher rating.,The Veteran's TDIU claim was also denied due to insufficient evidence showing he could not secure and maintain substantially gainful employment.

The Board has remanded the case due to insufficient evidence regarding the Veteran's psychiatric conditions, including a need for additional VA treatment records and an updated examination.

The Board has remanded the case due to insufficient evidence to establish service connection for PTSD and other unspecified psychiatric disorders. The Veteran's claims will be further investigated, including seeking corroboration of in-service stressors.

The Veteran's disability rating for lumbosacral strain was reduced from 40% to 20%, but the RO restored the 40% rating effective October 1, 2015.

The Veteran's tinnitus is rated at the maximum schedular rating of 10 percent. His bilateral hearing loss disability does not meet the criteria for a compensable rating. The anxiety disorder is currently rated as 70 percent disabling, but the Board finds that it does not warrant an increased rating due to its current level of impairment.

The Board has remanded the cases for further examination and opinion regarding the Veteran's service-connected anxiety disorder, substance abuse disorder, and TDIU claim. Specifically, a new VA examination is needed to assess the current severity of the Veteran’s service-connected disability and determine if any other psychiatric disorders are present. The examiner must also provide an opinion on whether the substance abuse disorder is caused by or aggravated by the service-connected anxiety disorder.

The Board has remanded the Veteran's claims for service connection for idiopathic essential tremors of the bilateral hands and a psychiatric disorder, as well as her claim for an increased rating for left hip strain with labral tear. The appeals are being remanded due to the need for additional development including obtaining medical opinions regarding the etiology of these conditions and conducting VA examinations to assess the severity of the Veteran's left hip disability.

The Veteran's claim for service connection for bilateral flat feet (claimed as ankle condition) has been reopened and granted. The claims for hypertension, hepatitis C, diabetes mellitus, adjustment disorder with anxiety and depression, and sarcoidosis have all been denied.

The Veteran's claim for an earlier effective date for the grant of service connection for major depressive disorder and anxiety is denied. The Board finds that the award was based on a reopened claim after final disallowance, and therefore, the earliest possible effective date is July 5, 2005.

The Veteran's PTSD with anxiety disorder NOS is granted at a 70 percent rating from February 27, 1998, to June 3, 2015. Other claims are either denied or remanded.

The Board has remanded the case due to insufficient evidence regarding the nature and etiology of the Veteran's claimed acquired psychiatric disorder, specifically whether it is related to service-connected residuals of frostbite of the hands.

The Veteran's anxiety disorder was aggravated by the use of sertraline prescribed at a VA medical center, resulting in additional disability. The Board finds that this event was not reasonably foreseeable and grants compensation under 38 U.S.C. § 1151 for aggravation of a preexisting anxiety disorder.