Anxiety decisions — 2020

The Board has remanded the claims for service connection for depression, anxiety, and headaches due to the Veteran's failure to attend scheduled VA examinations. The Veteran is advised that she needs to provide an estimated time or year when she can attend a VA examination.

The Veteran's claim for service connection for PTSD is granted, but the claim for an acquired psychiatric disorder (other than PTSD) is denied.

The Board has granted the Veteran's claim for service connection for an acquired psychiatric disorder, characterized as anxiety disorder. The Board found that the Veteran had a current diagnosis of unspecified anxiety disorder and established a link between this condition and his military service.

The Board has remanded the TDIU claim due to further development and consideration being required. The Veteran's service-connected disabilities do not meet the minimum schedular rating requirements for a TDIU, but there is evidence suggesting he may be unemployable.

The Board has dismissed the appeal for an earlier effective date and has remanded the issue of entitlement to a higher rating for service-connected anxiety disorder, panic disorder, depressive disorder, and alcohol use disorder. The TDIU claim is also remanded.

The Veteran's claim for an effective date earlier than September 25, 2017, for a 100 percent rating for unspecified schizophrenia disorder with depressed mood and anxiety is denied as there was no CUE in previous decisions. The evidence does not show that the disability warranted such a high rating within one year prior to the claim.

The Board has decided to remand the case due to several issues, including providing proper notice for a personal assault claim related to PTSD, obtaining missing federal and private treatment records, and conducting a new VA examination.

The Board denied service connection for MDD and anxiety disorder, as well as a rating in excess of 70 percent for PTSD. The Veteran's employment was also considered in the TDIU claim, leading to its denial.

The Board has remanded the case due to a need for a VA examination regarding the Veteran's service connection claim and because of an error in not considering her SMC based on aid and attendance claim.

The Board has denied service connection for tinnitus due to lack of a current diagnosis. The claim for an acquired psychiatric disorder is remanded as the VA opinion obtained prior to the July 2019 rating decision did not adequately address the Veteran's diagnoses of unspecified depressive disorder and unspecified anxiety disorder, which are related to his service in Korea.

The Veteran's sleep apnea syndrome (obstructive sleep apnea) is being remanded due to a duty to assist error. The issue of entitlement to gout is also being remanded for the same reason.

The Board has remanded the Veteran's claim for service connection for a psychiatric disorder, specifically depression. The case is being returned to VA for further examination and opinion regarding the nature and etiology of any diagnosed psychiatric disabilities.

The Board has remanded the case due to uncertainty in the effects of the Veteran's service-connected disabilities on his need for regular aid and attendance. A new medical opinion is required.

The Veteran's claim for an earlier effective date for service connection of anxiety condition is denied as there was no prior informal or formal claim received before May 20, 2014.

The Veteran's claim for compensation under 38 U.S.C. § 1151 for diabetes mellitus is granted, and the claims for service connection for varicose veins, viral meningitis, right knee disability, bilateral flatfeet, shin splints (to include as due to bilateral flatfeet), and an acquired psychiatric disorder are denied.

The Board denied the Veteran's claim of service connection for acquired psychiatric disability, including major depressive disorder and unspecified anxiety disorder, as well as cannabis use disorder. The evidence did not support a finding that these conditions were related to service.

The Veteran's claims for service connection for generalized anxiety disorder, persistent depressive disorder, alcohol use disorder (in sustained remission), and cirrhosis of the liver have been granted. An effective date of October 3, 2013 has been established for his 50% rating for tension headaches. The application to reopen his claim for service connection for chronic alcoholism is also granted.

The Board denied the Veteran's claim for service connection for an acquired psychiatric disorder, finding that there was clear and unmistakable evidence that his pre-existing psychiatric disorders did not worsen during service. The Board also found no in-service incurrence of a psychiatric disorder.

The Veteran's claim for service connection for major depressive disorder and unspecified anxiety disorder is granted. The appeal to reopen the claim was also granted.

The Veteran's claim for an increased rating in excess of 50 percent for PTSD with GAD is being remanded due to the need for a new VA examination and consideration of outstanding treatment records.