Anxiety decisions — 2018

The Veteran's anxiety disorder is rated at 50 percent since April 24, 2009. The Board has remanded the issue of TDIU and found that the criteria for a higher rating have not been met or more nearly approximated.

The Veteran's service-connected disabilities, including undifferentiated somatoform disorder and anxiety disorder with mood swings, lack of concentration, memory loss and fatigue, have rendered him unable to maintain substantially gainful employment due to his physical limitations and mental health issues.

The Board found that the evidence was at least in equipoise, granting service connection for the cause of the Veteran’s death due to his motor vehicle accident caused by medications taken for his service-connected anxiety disorder.

The Board has granted service connection for Major Depressive Disorder and Anxiety Disorder, but has remanded the issues of service connection for PTSD and a substance abuse disorder, as well as entitlement to an earlier effective date for gastroesophageal reflux disease/GERD/hiatal hernia.

The Veteran's lumbar spine disability is denied for ratings in excess of 10% prior to July 11, 2016 and 20% afterwards. The Veteran's anxiety disorder is granted with a 30% rating from October 25, 2007 to November 18, 2011 and a 50% rating thereafter.

The Board has remanded the case due to insufficient medical opinions regarding the Veteran's psychiatric conditions, specifically her depression and anxiety disorder. The examiner is required to provide an opinion on whether these conditions are aggravated by service-connected migraine headaches and if they are related to active duty service including exposure to contaminants in Camp Lejeune.

The Board denied service connection for an acquired psychiatric disorder, including PTSD, depression, anxiety, and secondary substance abuse disorder, finding that the Veteran did not meet the criteria for a current diagnosis of PTSD or any other mental condition related to his military service.

The Board has determined that the Veteran's acquired psychiatric disabilities, including unspecified schizophrenia, other psychotic disorder, generalized anxiety disorder, major depression and schizophreniform disorder, are service-connected as they likely began during her active duty service.

The Veteran's claim for service connection for an acquired psychiatric condition, including claims for a nervous condition, anxiety, depression, panic disorder, psychoneurosis and agoraphobia, is granted. The case is remanded to allow the AOJ to adjudicate the reopened claim on the merits.

The Board has remanded the Veteran's claims for increased rating and SMC due to inadequate examinations, specifically a VA gastrointestinal examination and a VA psychological examination. The AOJ must rate the disability under both service-connected conditions.

The claim for service connection of a psychiatric disability is reopened, but the Veteran does not have current diagnoses of bilateral hearing loss or tinnitus. The Board finds that an examination is needed to determine if the Veteran has any current psychiatric disabilities and their etiology.

The Board denied service connection for various conditions, including major depressive disorder, generalized anxiety disorder, diabetes mellitus (secondary to major depressive disorder), narcolepsy, and insomnia. The evidence did not support a finding that these conditions were related to service.

The Veteran's petition to reopen the claim of service connection for tinnitus was granted, and it is now established that his tinnitus was incurred in service.,The Veteran's adjustment disorder, mixed with anxiety and depressed mood, was also granted as secondary to his service-connected tinea versicolor.

The Board denied the Veteran's claims for service connection for a lumbar spine condition and an acquired psychiatric disorder (including anxiety disorder, depressive disorder, and cannabis abuse disorder) due to lack of new and material evidence. The claim for a lumbar spine condition was previously denied in May 2007, and no new or material evidence has been received since then. For the psychiatric disorders, there is insufficient evidence linking them to service.

The Board has granted the Veteran's petition to reopen his claim for service connection for an acquired psychiatric disability. The appeal is remanded for additional examinations and opinions regarding his diabetes mellitus, bilateral upper and lower extremity peripheral neuropathy.

The Veteran's service-connected generalized anxiety disorder and panic disorder without agoraphobia are currently rated at 50 percent, which is the maximum schedular rating available for these conditions under Diagnostic Code 9400. The appeal has been granted.

The Veteran's appeal is being remanded due to incomplete VA treatment records and the need for a statement of the case regarding an earlier effective date for PTSD.

The Board has remanded the case due to the need for further development, including a VA examination to determine the etiology of the claimed acquired psychiatric disability to include PTSD.

The Board has granted the Veteran's claims for service connection for anxiety disorder and remanded his claim for chronic restrictive lung disease due to new evidence submitted since the last denial.

The Veteran's appeal is remanded for a VA examination to determine the current severity of his service-connected adjustment disorder with anxiety.