Anxiety decisions — 2018

The appeal for service connection of a neurological condition now noted with headaches is granted. Service connection for the right ankle, acquired psychiatric condition other than adjustment disorder with mixed anxiety and depressed mood, cervical spine condition, left elbow fracture, left hand condition, and left eye condition are all remanded.

The Board has remanded the Veteran's claims for bilateral hearing loss, TDIU, psychiatric disorder (anxiety disorder and PTSD), stomach disorder (GERD and hiatal hernia), bilateral knee disorder, and bilateral hip disorder due to failure of the Veteran to report for scheduled VA examinations. The case is being returned to the AOJ for further development.

The Veteran's adjustment disorder with mixed anxiety and depressed mood is not rated higher than 10 percent prior to January 23, 2018, and not rated higher than 30 percent since that date.

The claim is granted as new and material evidence has been received, reopening the previously denied service connection for the cause of the Veteran's death. The cause of death was determined to be Idiopathic Ischemic Heart Disease.

The Veteran's claim for service connection for an acquired psychiatric disorder, specifically adjustment disorder with mixed anxiety and depressed mood, is being remanded due to the need for a VA examination.

The Veteran's PTSD is rated at 70 percent from May 5, 2010 to May 31, 2015. A higher rating for PTSD since June 1, 2015 is denied.

The Board has determined that new and material evidence has been submitted to reopen the claim of service connection for an acquired psychiatric disorder, including PTSD, anxiety, depression, and bipolar disorder. The Veteran's symptoms began in or are related to his active duty service.

The Veteran's sleep apnea is granted as secondary to his service-connected right knee disability, hearing loss, and tinnitus.,Service connection for depressive disorder and anxiety disorder are granted. The Board finds that the acquired psychiatric disabilities are at least as likely as not aggravated by his service-connected bilateral hearing loss and tinnitus.

The Veteran's claim for PTSD, anxiety, and depression was denied in August 2011. New evidence has reopened the claim, and service connection is granted for PTSD with bipolar disorder.,Service connection is also granted for tinnitus.

The Veteran's claims of service connection for depression, anxiety, and an acquired psychiatric disability (to include PTSD) are being remanded due to the need for additional medical opinions.

The Veteran's initial rating for PTSD prior to November 7, 2016 was denied. A total disability rating based on individual unemployability (TDIU) was granted. As of November 7, 2016, the Veteran received a 70% rating for his PTSD.

The Veteran's claims for PTSD, bilateral hearing loss and tinnitus, diabetes mellitus (type II), prostate disability (secondary to herbicide exposure), lung disability, and initial rating in excess of 70 percent for PTSD, major depressive disorder, and generalized anxiety disorder have been granted. The effective date for the grant of service connection for PTSD is February 9, 2012, while the effective dates for bilateral hearing loss and tinnitus are May 9, 2017.

The Board denied service connection for tinnitus and an acquired psychiatric disorder as the evidence did not support a finding that these conditions began during active service or were related to in-service events.

The Board denied an earlier effective date for the grant of a total disability rating based on individual unemployability (TDIU) because the Veteran's self-employment earnings were above the poverty threshold and did not constitute a protected work environment.

The Board has remanded the cases due to issues related to CUE in previous rating decisions, and the current appeal is considered inextricably intertwined with these matters.

The Board has remanded the Veteran's claims for additional development due to incomplete records and procedural issues. The claims include service connection for various conditions, including benign prostatic hyperplasia, an acquired psychiatric disorder (including PTSD, sleep disorder, MDD, and GAD), hiatal hernia, GERD, PUD, chronic colitis, degenerative disc disease of the cervical spine, degenerative disc disease of the lumbar spine, degenerative joint disease of both hips, degenerative joint disease of both knees, degenerative joint disease of both feet, conjunctivitis, and hypertensive cardiovascular disease.

The Board has denied the Veteran's claim for service connection for an acquired psychiatric disorder, but has remanded his claim for left hip arthritis due to conflicting evidence regarding a nexus between his current disorder and any disease, injury, or event in service.

The Board has remanded the Veteran's claims for increased rating and TDIU due to a lack of recent psychiatric evaluations. The Veteran will need to undergo further examinations to determine his current disability status.

The Board has determined that the October 2012 VA examination is inadequate for determining service connection due to a lack of opinion regarding the etiology of any acquired psychiatric disorder. The case is being remanded to obtain additional VA treatment records and schedule the Veteran for an examination with an appropriate clinician.

The Board has granted service connection for fibromyalgia and an acquired psychiatric disorder (claimed as major depressive disorder, generalized anxiety disorder, and insomnia) on secondary basis to service-connected fibromyalgia. Service connection is also granted for bilateral shoulder disability, cervical spine disability, bilateral hip disabilities (bursitis and limitation of abduction), and lumbar spine disability.