Anxiety decisions — 2020

The Veteran's generalized anxiety disorder and PTSD were not found to meet the criteria for a higher disability rating prior to September 26, 2014.,From September 26, 2014 to August 2, 2018, the Veteran’s anxiety disorder did not cause significant impairment in most areas.

The Board has remanded the case due to insufficient evidence regarding the nature and etiology of any diagnosed acquired psychiatric disorder, including PTSD and/or anxiety disorder. The Veteran's claim is being returned for further examination and consideration.

The Board has remanded the case due to deficiencies in the September 2017 medical examination, specifically regarding the likelihood of whether the Veteran's anxiety and depression were aggravated by a service-connected disability, specifically his seizure disorder. The examiner is requested to provide opinions on the etiology of the claimed acquired psychiatric disorder.

The Veteran's TDIU claim is remanded due to the need for additional development, including referral to VA’s Director of Compensation and Pension service for consideration under 38 C.F.R. § 4.16.

The Board has decided that the Veteran's claims for a psychiatric disability and PTSD should be remanded due to insufficient evidence. A new examination is needed to determine if the Veteran meets the criteria for PTSD, and whether his anxiety disorder and other diagnosed conditions are related to service.

The Board has remanded the Veteran's claims for entitlement to service connection for anxiety, sleep apnea, a heart disability, and a skin disability (including actinic keratoses and bleeding knuckles) due to unresolved issues. The claim for melanoma on the abdomen with residual scar remains denied.

The Board denied the Veteran's claims for service connection for various psychiatric disorders, including MDD, anxiety disorder, alcohol use disorder, and PTSD. The Board found that the preponderance of evidence did not support a finding that these conditions were related to active service.

The Veteran's petition to reopen his claims for service connection for PTSD, depression, and an unspecified anxiety disorder was granted.,The Veteran's petitions to reopen his claims for service connection for a cervical spine disorder and GERD were also granted.

The Board granted a 70 percent disability rating for the Veteran's service-connected psychiatric disability, effective from the date of the decision. The rating is based on occupational and social impairment with deficiencies in most areas such as work, school, family relations, judgment, or mood.

The Board has decided to remand the case due to inadequate VA examination and new evidence submitted by the Veteran. The claim will be reconsidered with a new psychiatric examination.

The Veteran's appeal for service connection for posttraumatic stress disorder, depression, and anxiety was dismissed due to the death of the appellant.

The Board has remanded the claims for service connection for diabetes mellitus type II and any acquired psychiatric disability, including PTSD, MDD, and anxiety disorder, due to incomplete/inaccurate factual premises regarding the Veteran's claimed active duty service in Vietnam. The claims are being returned for further development.

The Board denied service connection for bilateral hearing loss and an acquired psychiatric disorder (including PTSD, depression, anxiety, and an adjustment disorder) due to lack of evidence linking these conditions to service. The Veteran's hearing loss was not shown to be related to service or aggravated by service, and her psychiatric disorders were found to have other origins.

The Board has determined that a timely substantive appeal was not received for the December 2016 rating decision denying service connection for PTSD. The Veteran's representative argues that his claim should be remanded due to the failure of VA to expand the scope of the PTSD claim under Clemons v. Shinseki, but the Board finds this argument factually and legally incorrect as the appeal did not become final because the Veteran did not perfect his appeal within the required time frame.

The Veteran's generalized anxiety disorder is currently rated at 70 percent, the maximum schedular rating available under Diagnostic Code 9400.

The Veteran's acquired psychiatric disorder, including insomnia, anxiety, and depression, is not found to be secondary to his service-connected tinnitus. The Board denied the claim as there was no evidence showing that the Veteran’s sleep impairment was caused by or worsened by his service-connected tinnitus.

The Board has remanded the cases for further development and consideration due to incomplete information about the Veteran's service in Iraq, which may affect his claims for PTSD and TDIU.

The Board denied service connection for a pulmonary disability and an acquired psychiatric disability, including PTSD and anxiety. The Veteran's pulmonary disability is considered to have pre-existed service, and there was no clear and unmistakable aggravation during service. For the acquired psychiatric disability, the claim cannot be substantiated as the stressor has not been verified.

The Board denied the Veteran's claims for service connection for PTSD, depression, and anxiety due to a lack of current diagnoses and conflicting medical opinions. The Veteran was presumed exposed to contaminated water at Camp Lejeune during his military service.

The Board has decided to remand the case due to the need for a VA examination to determine the nature and etiology of any PTSD, including whether it is related to an in-service personal assault (MST). The examiner must also opine on the relationship between other acquired psychiatric disorders and service.