Anxiety decisions — 2018

The Veteran's claim for service connection for an acquired psychiatric disorder other than PTSD, a trauma and stressor related disorder, and associated depression is granted.,Service connection for GERD secondary to service-connected mental disabilities is granted.,Service connection for hemorrhoids secondary to service-connected GERD is granted.,Heart disability and polyps are remanded.

The Board has granted service connection for the Veteran's acquired psychiatric disorder, which includes anxiety, depression, substance abuse, and insomnia. The evidence is at least in equipoise that these conditions are related to his military service.

The Veteran's appeal includes issues related to tinnitus, major depressive disorder with anxiety disorder, and other physical disabilities. The Board has found that the maximum schedular rating for tinnitus is already assigned, and no extraschedular consideration is warranted.,For his major depressive disorder with anxiety disorder, the Veteran was granted a 70 percent rating, but not higher, as it meets the criteria of occupational and social impairment with deficiencies in most areas.

The Veteran's death was caused by acute mixed drug intoxication, and the Board finds that a remand is necessary to further develop both theories of entitlement regarding prescribed medications for service-connected disabilities and VA negligence.

The Veteran's sleep apnea, hypertension, acid reflux, and erectile dysfunction were not found to have begun during service or be related to an in-service injury, event, or disease.,The Veteran's acquired psychiatric disorder (including PTSD, depression, and anxiety) was also not found to have begun during service or be related to an in-service injury, event, or disease.

The Board denied the petitions to reopen claims for service connection for tinnitus and anxiety associated with sleep problems, finding no new and material evidence that would support these claims.

The Veteran's PTSD is currently rated at 50 percent, and the Board has remanded to determine if a higher rating is warranted. Additionally, TDIU is being remanded due to inextricably intertwined issues.

The Veteran's death was due to cardiorespiratory failure caused by CAD and COPD. His service-connected anxiety disorder aggravated his COPD, contributing to his death.

The Veteran's service-connected disabilities do not render him unable to independently perform daily functions of self-care or unable to protect himself from the hazards and dangers incident to his daily environment, thus denying special monthly pension based on need for regular aid and attendance.

The Veteran's claim of service connection for a nervous condition was reopened due to new and material evidence. The appeal is granted in part, as the issue of service connection for an acquired psychiatric disorder is remanded.

The Board has remanded the case due to insufficient evidence regarding the Veteran's alleged stressor events in service and the relationship between his psychiatric disabilities, including PTSD, and his military service.

The Veteran's claim of service connection for tinnitus was denied, but the claim for an acquired psychiatric disorder and sleep apnea were reopened. Service connection for an acquired psychiatric disorder is granted, while service connection for both tinnitus and sleep apnea remains denied.

The Board has determined that the Veteran does not have an acquired psychiatric disability, including PTSD, that was incurred in or caused by his active service. The preponderance of evidence is against the claim for service connection.

The Veteran's claims of increased ratings for his service-connected lumbosacral intervertebral disc syndrome with grade 1 spondylolisthesis of L5-S1 and adjustment disorder with mixed anxiety and depressed mood are remanded due to the need for additional development.

The Board has remanded the claims of service connection for major depressive disorder, bilateral hearing loss, headaches (secondary to sleep apnea), an acquired psychiatric disorder (including major depressive disorder and anxiety) secondary to service-connected disabilities, a higher rating for sleep apnea, and a compensable rating for postoperative ventral hernia. The Veteran's claim for reopening of the previously denied claim of service connection for major depressive disorder has been granted.

The Board has remanded the case due to insufficient development of evidence regarding the Veteran's employability and the types of employment he can perform given his service-connected PTSD. The VA will need to obtain updated clinical records, schedule a psychiatric examination, and provide a vocational rehabilitation counselor with the necessary information.

The Veteran's appeal for a TDIU is remanded due to the need for additional development regarding his non-psychiatric service-connected disabilities. Other claims are also being considered.

The Board denied service connection for a lumbar spine disability and remanded the issues of service connection for an acquired psychiatric disability (including PTSD, anxiety, and depression) and residuals of Bell's palsy (secondary to an acquired psychiatric disability).

The Board has remanded the Veteran's claims for service connection due to his failure to report for VA examinations and because of an earlier effective date claim. The claims will be remanded for further development, including obtaining medical records and scheduling the Veteran for VA examinations.

The claim for service connection of the acquired psychiatric disorders, including PTSD, depressive disorder and anxiety disorder is remanded due to new evidence received since the May 2008 Board decision.