Anxiety decisions — 2020

The Veteran's PTSD was rated at 70 percent prior to May 1, 2014. As of May 1, 2014, the Veteran’s psychiatric diagnoses manifested in total occupational and social impairment, warranting a 100 percent disability rating.

The Board has granted service connection for bilateral hearing loss but remanded the claim for an acquired psychiatric disorder, including depressive disorder, adjustment disorder, and anxiety (claimed as PTSD). The case is being returned to the RO for further development.

The Veteran's appeals for service connection and evaluations of various conditions have been dismissed due to withdrawal by the Veteran. The right shoulder disability, acquired psychiatric disorder (PTSD, depression, anxiety), and multiple sclerosis claims are still pending.

The Board has determined that the NODs received on August 23, 2017 were timely for all issues except PTSD. The claims are being remanded to allow the AOJ to issue a statement of the case (SOC) for those issues.

The Board has remanded the case due to incomplete development and need for clarification on the nature of the Veteran's psychiatric disorder. The claims for service connection are also pending.

The Board has remanded the case due to insufficient evidence regarding the Veteran's in-service stressors and a need for further examination to determine if his current psychiatric condition is related to service.

The Board has granted service connection for PTSD, dysthymia, and anxiety as well as for obstructive sleep apnea secondary to PTSD. The decision is based on the Veteran's in-service stressors and current medical evidence supporting these diagnoses.

The Veteran's adjustment disorder with anxiety has been granted a 50 percent rating.,Seasonal allergic rhinitis is not compensable under the applicable rating criteria.,Service connection for degenerative disc disease of the lumbar spine, bilateral radiculopathy of the left and right sciatic nerves have all been granted.,Service connection for eczema has been granted.,Service connection for headaches has been granted.,Left ankle injury with residual small bony fragment of the left os navicularis has been granted.

The Veteran's claim for an increased rating in excess of 10 percent for residuals of left pneumothorax was denied. The Board also remanded the issue of service connection for an acquired psychiatric disorder, including anxiety and major depressive disorders.

The Veteran has withdrawn his appeals for service connection for migraine headaches and anxiety disorder, which were previously secondary to other conditions. The Board dismissed these appeals as a result.

The Veteran's claim for an increased rating in excess of 50 percent for generalized anxiety disorder is remanded due to the need for a new VA examination to assess current severity.

The Veteran's claim for service connection for a urinary disorder is denied.,Service connection for PTSD, major depressive disorder, and anxiety has been expanded to include all psychiatric disabilities diagnosed. The claims of service connection for low back and cervical spine disabilities are remanded due to incomplete records and need for an examination.,Service connection for right hip DJD, left hip DJD, right knee DJD, left knee DJD, right ankle DJD, left ankle DJD, right foot DJD, and left foot DJD is remanded as secondary to a low back disability. Service connection for right shoulder DJD, left shoulder DJD, right hand disability, and left hand disability is also remanded as secondary to a cervical spine disability.,Service connection for bilateral hearing loss is remanded due to inadequate VA examination opinion. Service connection for skin disabilities is remanded due to incomplete records of private treatment.,The Veteran's claim for TDIU rating is inextricably intertwined with the other claims and must be deferred.

The Board has determined that the Veteran's current acquired psychiatric disorder, specifically Generalized Anxiety Disorder with depressive features, is related to service and grants service connection for this condition.

The Board has remanded the Veteran's claims for service connection due to insufficient evidence and need for additional examinations. The claims include psychiatric disorders, bilateral knee conditions, and bilateral shoulder conditions.

The Veteran's claim for service connection for sleep apnea has been reopened and is being remanded.,An effective date earlier than January 6, 2015 for the evaluation of generalized anxiety disorder is denied.,An effective date earlier than January 6, 2015 for the evaluation of left lower extremity sciatica is denied.,The reduction in disability rating for ischemic heart disease from 60 to 30 percent was proper and remains valid.,A compensable disability rating for COPD prior to July 19, 2018 is denied. A 10% disability rating for COPD from July 19, 2018 is granted.,An effective date earlier than January 6, 2015 for the evaluation of hypertension is denied.

The Board has denied the claims for service connection for a right knee disability and an acquired psychiatric disorder (anxiety, stress, and depression) due to lack of evidence linking these conditions to service.

The Board denied the Veteran's claim for service connection for an acquired psychiatric disorder, including PTSD, anxiety, and depression, finding that the evidence did not support a link between his current conditions and his military service.

The Board has remanded the claims for whether new and material evidence has been received to reopen the psychiatric disorder claim, acne claim, and genital herpes claim. The issue of a timely filed VA Form 9 is deferred until these other issues are adjudicated.

The Veteran's initial claim for a higher rating for his left foot disability was denied. For anxiety disorder, the Board granted an increased rating of 70 percent effective December 20, 2019, after initially denying it and remanding the case.

The Board has decided to remand the cases of entitlement to an initial rating in excess of 30 percent for mood disorder with anxiety and depression, as well as the claim for a total disability rating based on individual unemployability due to service-connected disabilities (TDIU). This is because VA did not fully comply with its duty to assist the Veteran by scheduling him for a VA examination. The cases are being remanded to allow for further development.