Anxiety decisions — 2021

The Veteran's TDIU and Dependents' Educational Assistance benefits are granted with an effective date of January 22, 2009. The effective dates for both benefits are contingent on the permanent total service-connected disability rating.

The Veteran's claim for higher ratings for his service-connected anxiety disorder is being remanded to allow the AOJ to consider if a rating higher than 30 percent was warranted from August 28, 2018 through June 14, 2020 and whether he should be granted a rating in excess of 50 percent from June 15, 2020 through July 14, 2020.

The Veteran's claims for increased ratings for Parkinson's disease and unspecified anxiety disorder prior to August 23, 2019 were denied. The Board found that the evidence did not meet the criteria for a higher rating under any applicable diagnostic codes.

The Board has decided that service connection for tinnitus is granted, but the claim of service connection for an acquired psychiatric disability needs to be remanded due to a duty to assist error.

The Veteran's claim for a higher initial rating of 40 percent for fibromyalgia between May 13, 2010 and April 11, 2012 was denied. The Board found that the symptoms were not constant or refractory to therapy as required for a 40 percent rating under DC 5025 of 38 C.F.R. § 4.71a. For TDIU, the Veteran's claim was also denied because his service-connected fibromyalgia and acquired psychiatric disability did not meet the schedular requirements for a TDIU.

The Veteran's service-connected status post craniotomy with adjustment disorder, mixed anxiety and depressed mood is rated at 70 percent. The appeals for headaches, seizure disorder, right hand pain, left hand pain, right hip condition, and shin pain were all denied.

The Board has remanded the Veteran's claims for a new VA examination to address whether his psychiatric disorder and alcohol and substance dependence are related to service, as well as any aggravation of these conditions during service.

The Board has remanded the case due to inadequate opinion regarding the etiology of the Veteran's psychiatric disabilities, including bipolar disorder and anxiety.

The Veteran's claims for service connection for anxiety disorder, PTSD, CAD, bilateral hearing loss, DMII, and neuropathy have been reopened. Service connection is granted for an acquired psychiatric disability including as due to nerve or mustard gas exposure (anxiety disorder and PTSD). However, service connection is denied for coronary artery disease, bilateral hearing loss, diabetes mellitus type 2, and neuropathy.

The Veteran's anxiety disorder is currently rated at 50 percent, and the Board has found that a higher rating is not warranted. The case is being remanded to further develop evidence for consideration of TDIU.

The Veteran's claim for service connection for an acquired psychiatric disorder, separate and distinct from his already service-connected PTSD, is denied. The Board found that the Veteran does not have a current diagnosis of such a condition prior to filing the claim or during its pendency.

The Board denied service connection for Generalized Anxiety Disorder, finding that the condition was not shown as chronic in service and did not manifest to a compensable degree within the applicable presumptive period. The Board also found that continuity of symptomatology is not established and it is not secondary to his service-connected foot disability.

The Board has remanded the cases for further development due to inadequate compliance with previous remand directives. The Veteran needs a new examination and opinion that addresses his service-connected generalized anxiety disorder and major depressive disorder, including its impact on his employment.

The Veteran's claims for increased ratings and TDIU are being remanded due to the need for new examinations to assess his acquired psychiatric disorder, right knee disability, and overall employment capacity.

The Veteran's service-connected disabilities did not render him unable to secure or follow substantially gainful employment prior to July 7, 2008.

The Board has remanded several issues related to service connection and effective dates for various conditions, including left lower extremity radiculopathy, adjustment disorder with depression and anxiety, circinate balanitis, gonorrhea, herpes, conjunctivitis, and atrial fibrillation.

The Veteran's appeal is dismissed as the claim for service connection for psychiatric disability, including PTSD and Adjustment Disorder with Depressed Mood, has been granted in full by a November 2020 rating decision.

The Veteran's acquired psychiatric disorder, characterized as depression, anxiety, and neurobehavioral effects, is granted service connection due to exposure to contaminated water at Camp Lejeune during his military service. The Board found a positive nexus between the Veteran's in-service exposure and his current psychiatric conditions.

The Veteran's appeal for an initial rating in excess of 70 percent for PTSD with anxiety disorder was denied. The claim for TDIU remains pending.

The Veteran's appeal for a higher rating for his service-connected major depressive disorder with generalized anxiety disorder has been dismissed as the appellant requested withdrawal of the appeal.