Anxiety decisions — 2018

The Board previously denied the Veteran's claim for an initial rating in excess of 30 percent for anxiety disorder. The Court granted a joint motion for remand, vacating the decision and remanding it to comply with instructions. As new VA treatment records were submitted after November 2017, these need to be considered before issuing a new Supplemental Statement of the Case (SSOC).

The Veteran's appeal for a higher initial rating for generalized anxiety disorder and left ear hearing loss has been dismissed due to the Veteran's withdrawal of these claims.,Service connection for a neck condition, claimed as cervical injury, and peripheral neuropathy right upper extremity have both been denied.

The Veteran's claim for service connection for a psychiatric disorder, including PTSD and anxiety, has been reopened and granted. His right knee disability is also granted with an initial rating of 20 percent.

The Veteran's claims for a higher disability rating for residuals of cerebral concussion with headaches and TDIU were denied. The highest level of cognitive impairment assessed was '1', which corresponds to a 10% evaluation.

The Board has remanded the case due to insufficient evidence regarding the nature and etiology of the Veteran's acquired psychiatric disabilities, specifically whether they are related to service-connected tinnitus. The VA is instructed to obtain additional medical records, provide VCAA notice on establishing an in-service stressor based on personal assault, schedule a new VA examination, and consider aggravation claims.

The Veteran's PTSD is rated at a 50 percent disability rating throughout the appeal period, which includes frequent nightmares, panic attacks, impaired memory, and irritability. The Board finds that these symptoms meet the criteria for a 50 percent rating but not higher.

The Veteran's PTSD is granted a 70% disability rating, effective from February 23, 2012. A higher rating of over 70% for PTSD is denied since June 23, 2013. The Veteran is also granted TDIU status since January 7, 2011.

The Veteran's claim for service connection for a psychiatric disorder, including nervous condition (depressive reaction), bipolar disorder, PTSD, general anxiety disorder, and major depressive disorder, is remanded due to the need for additional medical opinions and records.

The Board has decided to remand the cases for additional development due to missing service treatment records and private medical records. The Veteran's hypertension, depression, and anxiety claims will be reviewed again after obtaining these records.

The Veteran's claim for service connection for PTSD is denied as there is no current diagnosis of PTSD.,The Veteran's claim for service connection for an acquired psychiatric disorder, specifically generalized anxiety disorder, is granted as it is etiologically related to his active duty service.

The Veteran's service-connected disabilities render him unable to secure or follow a substantially gainful occupation, and the Board grants a total disability rating based on individual unemployability (TDIU).

The Board denied the Veteran's claim for a permanent and total disability rating for pension purposes, finding that his disabilities did not meet the criteria for such a rating.

The Board has reopened the Veteran's claim for service connection of a headache disability and granted it. The issue of service connection for an acquired psychiatric disorder (including PTSD, anxiety, and depression) is remanded.

The Board has reopened the claim of service connection for an acquired psychiatric disorder, including PTSD, generalized anxiety disorder, and antisocial personality disorder due to new evidence submitted by the Veteran. The appeal is granted on this basis.

The Veteran's appeal of the issues of service connection for heart disorder, coronary artery disease, and psychiatric disorder (including generalized anxiety disorder) is dismissed. The remaining issues on appeal are remanded for further development.

The Veteran's depression and anxiety were rated at 30% prior to October 10, 2013. The Board found the evidence supported a higher rating of 70%, but not higher, for this period.

The Veteran's service connection claims for residuals of a left wrist and hand injury, headaches, musculoskeletal pain, dizziness, chronic fatigue syndrome (CFS), irregular heartbeat condition, skin condition, memory loss and concentration issues, acquired psychiatric disorder (including depression and anxiety), and post-traumatic stress disorder are all granted. The Veteran's service connection claims for his Gulf War-related conditions are remanded.

The Veteran's service-connected generalized anxiety disorder renders him unable to obtain or maintain substantially gainful employment, and the Board grants a total disability rating based on individual unemployability (TDIU).

The Board denied service connection for a low back disability and an acquired psychiatric disorder (including panic disorder and anxiety) as there is no evidence linking these conditions to the veteran's military service.

The Board has decided that the Veteran's claims for increased PTSD rating and TDIU are remanded due to inconsistencies in VA treatment records and need for a new examination.