Anxiety decisions — 2021

The Board has remanded the case due to insufficient opinions regarding service connection for a mental disorder and special monthly compensation based on aid and attendance/housebound. The Veteran's mental health condition is currently diagnosed as major neurocognitive disorder due to Alzheimer’s disease and anxiety disorder, but there are questions about its relation to his service-connected TBI.

The Board has remanded the claims for service connection due to inadequate etiological opinions in the November 2019 VA examinations. Further medical development is required.

The Veteran's unspecified anxiety disorder is rated at 70 percent, but no higher. The decision also grants entitlement to a total disability rating based on individual unemployability (TDIU) and special monthly compensation (SMC).

The Veteran's service-connected acquired psychiatric disabilities, including PTSD, were found to warrant a 70 percent initial evaluation from May 24, 2011, to June 3, 2016. The TDIU appeal was granted for the same period.

The Board has decided that the Veteran's claim for service connection for a psychiatric disability, including anxiety and depression, should be remanded due to incomplete records. The Veteran is asked to provide any private care providers who have treated him prior to active service and VA treatment records from June 2020 onwards.

The Veteran's PTSD and cognitive disorder NOS due to TBI and post-concussive syndrome, with MDD and anxiety disorder are granted an initial rating of 70 percent, effective February 13, 2020. The lumbar strain and scoliosis with degenerative arthritis and IVDS remain rated at 40 percent as of January 18, 2020.

The Veteran's tinnitus is currently rated as 10 percent disabling, effective September 12, 2012. The claim for an increased rating must be denied based on a lack of entitlement under the law.,The Veteran filed his claim of entitlement to service connection for headaches more than one year after his separation from active service and years following the first complaints and/or treatment for headaches. An effective date prior to August 24, 2017, is not warranted as the claim was received in August 24, 2017.,The Veteran's erectile dysfunction, anxiety and mood disorder, and TBI disabilities are currently rated based on their severity under the applicable rating criteria. The claims for increased ratings remain in controversy as less than the maximum benefit available was awarded.,The Veteran has not been afforded a VA examination to determine if he has an eye disability (macular holes) due to his military service. A remand is required to schedule such an examination.,The Veteran's PTSD claim remains pending as there is conflicting evidence of record regarding whether the Veteran currently has PTSD. A new VA examination is needed to clarify this issue.,The Veteran's right shoulder disability, bilateral knee disabilities, cervical strain, and left lower lumbar radiculopathy are rated based on their severity under the applicable rating criteria. The claims for increased ratings remain in controversy as less than the maximum benefit available was awarded.,The Veteran's lumbosacral DDD, right calcaneal spurring, and left lower lumbar radiculopathy disabilities have not been evaluated since April 2019. A new VA examination is needed to evaluate these conditions based on their current severity.,The Veteran's headaches are currently rated as 50 percent disabling under DC 8100. The claim for an evaluation in excess of 50 percent remains pending and a remand is required to schedule the Veteran for a VA examination to assess his functional impairments, if any.,The Veteran has not been afforded a VA examination to determine whether he should be granted earlier effective dates prior to August 24, 2017. A new VA examination is needed to evaluate these issues based on their current severity.,The Veteran's nonservice-connected pension claim remains pending as the remanded issues could significantly impact this decision.

The Veteran's daughter, C. B., has significant disabilities including scoliosis, anxiety, MDD, IBS, and GERD but was not shown to have been permanently incapable of self-support by reason of these conditions prior to her 18th birthday.

The Board has granted service connection for a psychiatric disorder, diagnosed as Generalized Anxiety Disorder (GAD), and assigned a 30% disability rating. The Veteran's MDD and OCD are not service-connected.

The Veteran's right index finger scar is granted a 10 percent rating, but no higher. The Board has remanded the cases for further examination and opinion regarding bilateral foot pain and psychiatric disability.

The Veteran's claim for service connection for lumbar strain is denied. The Board has remanded the claims for service connection for PTSD and an anxiety disorder due to insufficient evidence.

The Veteran's service-connected generalized anxiety disorder does not meet the criteria for a total disability rating based on individual unemployability (TDIU) as his disability is rated at 30 percent and does not meet the percentage requirements under 38 C.F.R. § 4.16(a).

The Board has remanded the case for additional development on the issues of service connection for generalized anxiety disorder and bilateral flat feet.

The Veteran's claim for compensation under 38 U.S.C. § 1151 is denied as his residuals of prostate cancer were not caused by VA carelessness, negligence, or similar fault.

The Board has remanded the claims for a back disability and acquired psychiatric disability, including depression and anxiety, as secondary to a non-service-connected back disability. The claims are being remanded due to the need for additional examinations and opinions.

The Board has remanded the case due to inadequate notice and examination for PTSD claims based on in-service personal assault, and because VA treatment records need to be updated. The Veteran will be provided with special notice requirements for cases involving personal assault, and a psychiatric examination will be scheduled to determine the nature and etiology of any psychiatric disabilities, including PTSD.

The Veteran's claim for service connection for anxiety disorder is denied as there is no current diagnosis of a psychiatric disability.,Service connection for diabetes mellitus (DM) is denied because the evidence does not support a finding that DM was caused by or aggravated by service-connected asthma/bronchitis.,Service connection for hypertension (HTN) is denied due to lack of a diagnosed condition and no indication that it is related to service-connected conditions.

The Board has remanded the claims for hypertension, skin cancer of the face, arms, and back, atrial fibrillation, and erectile dysfunction due to in-service herbicide exposure or service-connected conditions. The Veteran's depression and anxiety are denied as there is no current diagnosis.

The Veteran's PTSD is granted, but his acquired psychiatric disorder (adjustment disorder with anxiety and depressed mood) is denied. The Board found that the Veteran's symptoms are part of his PTSD.

The Veteran's claim for service connection for alopecia was denied as there is no current disability.,PTSD was not granted as the Veteran did not meet the criteria for a confirmed diagnosis of PTSD.