Anxiety decisions — 2018

The Veteran's acquired psychiatric disability, including PTSD, anxiety, and depression, is related to his in-service trauma and the Board has granted service connection for these conditions.

The Board denied the veteran's claims for service connection for an acquired psychiatric disability, TDIU due to service-connected disabilities, and nonservice-connected pension benefits. The reasons given were that there was no verified stressor related to military service, the veteran did not meet the threshold criteria for a TDIU, and she did not have qualifying active duty service for nonservice-connected pension purposes.

The Veteran's appeal includes claims for service connection for an acquired psychiatric disorder, a higher disability rating for prostate cancer, and the propriety of reducing his disability rating. The Board has ordered additional examinations to address these issues.

The Veteran's acquired psychiatric disability, specifically general anxiety disorder, is rated at 50 percent prior to August 23, 2013 and at 70 percent thereafter. The Board also granted entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.

The Veteran's claim for a higher extraschedular rating for hypertension was denied as the schedular criteria adequately describe his disability level and symptomatology.,The Veteran's claim for an extraschedular disability rating for service-connected generalized anxiety disorder was denied because the preponderance of evidence did not support finding that his psychiatric condition warranted a rating in excess of 50 percent.

The Board found that the Veteran's psychiatric disability, including depressive and anxiety disorders, is related to his active military service.

The Veteran's service-connected GAD with agoraphobia and PTSD is rated at 70 percent since October 20, 2017. The Board found that the symptoms warrant this rating based on occupational and social impairment.

The Veteran's claim for service connection for an acquired psychiatric disability, to include PTSD and as secondary to service-connected asbestosis, is being remanded due to the need for additional evidence and a medical opinion.

The Veteran's PTSD to include adjustment disorder and anxiety depressive disorder is rated at 70 percent since September 20, 2017. The rating remains subject to the laws and regulations governing the payment of monetary benefits.

The Board has granted service connection for PTSD and anxiety disorder NOS, but the skin disorder claim remains pending as new evidence suggests possible service connection due to Agent Orange exposure. The rating assigned and effective date are not applicable in this decision.

The Veteran's appeal is being remanded due to the need for a more contemporaneous examination of his service-connected anxiety disorder and for obtaining private medical records.

The Board has reopened the claims of service connection for a bilateral knee disability and a psychiatric disability, finding that new and material evidence has been received to reopen these claims.

The Board has determined that the Veteran's bipolar disorder is related to his military service and grants service connection for this condition. However, there is no diagnosis of PTSD in the record, so service connection for PTSD is denied.

The Board has determined that the Veteran's PTSD is related to his military service and grants service connection for this condition. The other psychiatric conditions are not linked to service.

The Board found that the Veteran's adjustment disorder with anxiety and depression more nearly approximated a 50 percent disability rating for the entire initial rating period on appeal. The claim under 38 U.S.C. § 1151 was denied as there is no evidence of VA negligence in failing to diagnose or treat gangrene.

The Veteran's appeal is denied as the claim for a compensable rating for neuralgia paresthetica of the bilateral thighs has not been met. The claims for service connection are pending and will be remanded to obtain additional medical evidence.

The Veteran's service-connected disabilities, including osteoarthritis of the lumbar spine and generalized anxiety disorder, rendered him unable to secure or follow substantially gainful employment prior to July 28, 2015. The Board finds that he is entitled to a TDIU on an extraschedular basis.

The Board has determined that the Veteran's psychiatric symptoms are not related to his active military service and therefore denied his claim for service connection.

The Veteran's TBI and PTSD with anxiety are currently rated at 70 percent, but the Board finds that this rating is not sufficient for his condition as it does not meet the criteria for a higher rating.

The Veteran's claims for increased evaluation of anxiety disorder, service connection for substance abuse, and TDIU are being remanded due to the need for additional development including obtaining VA treatment records and Social Security Administration (SSA) disability benefits records.