Anxiety decisions — 2021

The Board has remanded the Veteran's claims for an additional VA examination to address service connection for various psychiatric disorders, including PTSD and cannabis use disorder. The TDIU claim is also deferred pending resolution of the psychiatric claims.

The Veteran's appeal for increased SMC based on the need for a higher level of aid and attendance was denied as there is no need for personal health-care services provided on a daily basis in his home by a licensed professional.

The Veteran's claim for service connection for an acquired psychiatric disorder, including mood disorder, PTSD, post-traumatic insomnia, depression, anxiety, adjustment disorder, paranoia, and psychotic disorder (claimed as claustrophobia), is being remanded due to the need for additional records from Social Security Administration.

The Veteran's claim for service connection for GAD with OCD was reopened due to new and material evidence submitted within one year of the December 1995 rating decision. The effective date is set at February 9, 1995, which is the day after his separation from active duty.

The Veteran's appeal for service connection for a skin disorder is dismissed. An effective date of June 18, 2010 for the grant of service connection for PTSD with sleep disorder and anxiety is granted. The claim for service connection for a sleep disorder and anxiety has been rendered moot by the grant of an earlier effective date for PTSD.

The Board denied the Veteran's claims for service connection of hypertension and an acquired psychiatric disorder (claimed as depression and PTSD, diagnosed as anxiety disorder) due to lack of evidence linking these conditions to his military service.

The Veteran's neurocognitive disorder with unspecified anxiety disorder is rated at 70 percent, effective March 11, 2017. The rating for tension headaches prior to December 5, 2020 remains denied. A 50% rating is granted for migraine headaches from December 5, 2020. The residuals of closed head injury with occipital fracture are rated at 40 percent, effective October 23, 2008 to March 11, 2017. The post-concussive syndrome with anxiety and depression associated with peripheral vestibular disorder is rated at 30 percent, effective August 11, 2004 to March 11, 2017. The peripheral vestibular disorder is rated at 10 percent from December 5, 2020.

The Veteran's petition to reopen the previously denied claim for service connection for an acquired psychiatric disorder is granted. The Board also remanded the case due to incomplete VA treatment records and the need for a VA examination.

The Board has remanded the claims for service connection due to potential exposure to Agent Orange and asbestos in service, as well as the cause of death. Additional development is needed regarding the USS Haleakala's location during the relevant time period.

The Board dismissed the claim for left thumb condition as it was withdrawn by the appellant. The issues of rating in excess of 10 percent for bilateral hearing loss, entitlement to a separate rating for a psychiatric impairment (depression and anxiety) as a manifestation of service-connected hearing loss, and TDIU due to service-connected disabilities are remanded.

The Veteran's left ulnar nerve disability is now rated at 60 percent, effective as of December 27, 2020.

The Veteran's claim for a rating of 70 percent for generalized anxiety disorder with panic attacks and major depressive disorder from August 6, 2008 to June 21, 2013 was granted.,The Veteran's claim for a rating in excess of 70 percent for generalized anxiety disorder with panic attacks and major depressive disorder is denied.

The Board has granted service connection for tinnitus on a presumptive basis. The appeals concerning the other conditions have been dismissed as the Veteran withdrew his claims.

The Board has granted service connection for bilateral hearing loss and remanded the case for further development regarding an increased rating for anxiety disorder.

The Veteran's claim for service connection for PTSD was reopened due to the submission of new and material evidence. However, the preponderance of the evidence is against a finding that the claimed in-service stressors actually occurred.,Service connection for psychiatric disorders other than PTSD, including major depressive disorder and anxiety disorder, was denied as there is no credible supporting evidence that the Veteran's reported stressors actually occurred.

The Board has remanded the Veteran's claim of entitlement to service connection for an acquired psychiatric disorder, including PTSD, sleep disorder, major depressive disorder, and generalized anxiety disorder. The case will be readjudicated following compliance with the Board's previous remand directives.

The Veteran's depressive disorder with anxiety features is rated at 70 percent from January 24, 2019. Migraines are rated at 50 percent prior to January 24, 2019 and 70 percent from that date onwards.

The Board denied the Veteran's claims for service connection for PTSD, an increased rating for anxiety disorder, and a total disability rating based on individual unemployability (TDIU) due to her failure to appear for scheduled VA examinations without good cause.

The Board has granted a rating of 50 percent for the Veteran's service-connected generalized anxiety with MDD prior to February 25, 2019 and denied any increase in rating greater than 70 percent from that date. The decision also vacates part of the December 2020 Board decision regarding increased ratings.

The Board has remanded the Veteran's claims for service connection for depression and anxiety condition due to insufficient medical opinions regarding their etiology.