Anxiety decisions — 2020

The Veteran's PTSD is rated at a higher than 30 percent prior to March 30, 2019, and higher than 70 percent as of that date. The appeals for Generalized Anxiety Disorder, Sleep Deprivation secondary to Generalized Anxiety Disorder, and Enlarged Prostate have been dismissed. Appeals for Service Connection for Myeloproliferative Disorder and TDIU are pending.

The Veteran's diabetes mellitus type II has been granted a 40 percent rating, effective February 25, 2013. Additionally, the Veteran is now rated as 100 percent for his service-connected adjustment disorder with anxiety since September 12, 2018. The Board also granted entitlement to total disability based on individual unemployability (TDIU) due to the combined effect of these conditions.

The Veteran's anxiety disorder is being remanded for a new examination to determine the current severity of his disability. The issue of TDIU is also being remanded as it is inextricably intertwined with the increased rating claim.

The Board has remanded the claim for service connection for an acquired psychiatric disorder, including PTSD, anxiety, and depression, due to outstanding medical records that need to be obtained.

The Board has granted service connection for major depressive disorder and generalized anxiety disorder, finding that the evidence is at least evenly balanced as to whether these conditions are related to service. The decision also addresses PTSD but does not establish a separate service connection for it.

The Board has restored a 50 percent rating for the Veteran's service-connected anxiety disorder, but has also remanded the issue of entitlement to an increased rating.

The Veteran's claims for increased ratings and an effective date prior to January 22, 2014, for his service-connected PTSD and adjustment disorder with anxiety and depressed mood are being remanded. The issue of entitlement to TDIU prior to January 22, 2014, is also being remanded due to the inextricability between this claim and the PTSD claims.

The Board has remanded the case due to issues related to service connection for an acquired psychiatric disorder, including unspecified depressive disorder and unspecified anxiety disorder. The Veteran contends that his current psychiatric disorders are related to in-service personal assault and artillery rounds. The VA must provide heightened notice regarding potential personal assault stressors and obtain all relevant records. An addendum opinion is needed from a VA examiner to determine the nature and etiology of the Veteran's psychiatric disorders.

The Veteran's service connection for sleep apnea and anxiety disorder is denied. The rating in excess of 30 percent for anxiety disorder from November 26, 2013 to January 8, 2017 is also denied. A rating in excess of 70 percent for anxiety disorder since January 9, 2017 is denied. An effective date prior to January 9, 2017 for the grant of a TDIU is also denied.

The Board has decided to remand the cases due to insufficient medical evidence and requests for examinations.

The Board has decided to remand the case due to incomplete development of records and failure to notify the Veteran and his attorney about the inability to obtain certain documents. The Veteran's claim for service connection for psychiatric conditions is being returned for further development.

The Veteran's erectile dysfunction is granted as secondary to his service-connected heart disorder. The rating for his anxiety disorder from January 24, 2013 to November 5, 2016 and from November 6, 2016 onwards is granted at 70%. The case of Individual Unemployability due to service-connected disabilities (TDIU) is remanded.

The Veteran's claim for a TDIU due to service-connected PTSD with anxiety disorder is remanded as the evidence does not include sufficient information to determine whether he is unable to secure or follow a substantially gainful occupation due to his service-connected PTSD.

The Veteran's mental disorder with depression and anxiety is currently rated at 50% prior to October 12, 2018, and 70% thereafter. The Board has found that higher ratings are not warranted for any period of time. The case is remanded for further development regarding the issue of a total disability rating based on individual unemployability (TDIU).

The Board has granted service connection for the Veteran's acquired psychiatric condition, including depression with anxiety and panic attacks, finding that these conditions are at least as likely as not related to an in-service personal assault.

The Veteran's claim for service connection for an acquired psychiatric disorder, including PTSD, panic disorder, depression, agoraphobia, and generalized anxiety disorder, due to military sexual trauma in service is granted. The Board finds that the evidence supports a link between her MST and her diagnosed conditions.

The Veteran's service-connected disabilities do not render her unemployable, and the Board finds that TDIU is denied.

The Board has remanded the Veteran's claims for cervical fusion, acquired psychiatric disorder, and TDIU due to incomplete development of records from the Tennessee Department of Labor.

The Board has remanded the claims of service connection for an acquired psychiatric disorder, including PTSD and anxiety; service connection for herpes. The Veteran is to be afforded a VA examination to address these issues.

The Veteran's claim for a rating in excess of 70 percent for service-connected anxiety disorder with major depressive disorder was denied. The increased, 70 percent rating for service-connected anxiety disorder and MDD is granted effective January 5, 2018.