Anxiety decisions — 2023

The Veteran's service-connected generalized anxiety disorder has rendered her unable to secure or maintain substantially gainful employment, and the Board grants a total disability rating based on individual unemployability.

The Veteran's claim for an earlier effective date for the grant of service connection for PTSD was denied as there is no legal authority to assign such a date, given that the RO has already assigned the earliest possible effective date.

The Board has granted service connection for the Veteran's acquired psychiatric disorder, including persistent depressive disorder and generalized anxiety disorder. The decision also grants secondary service connection for obstructive sleep apnea as secondary to his service-connected acquired psychiatric disorder.,Secondary service connection is also granted for hypersomnia as secondary to obstructive sleep apnea.

The Board has remanded the Veteran's claim for service connection for an acquired psychiatric disorder, including PTSD and anxiety, due to a lack of a medical nexus opinion. The AOJ is instructed to obtain a new VA examination or opinion that addresses the etiology of the Veteran's diagnosed conditions.

The Veteran's service-connected disabilities do not meet the eligibility criteria for specially adapted housing or special home adaptation grants due to a lack of permanent and total disability rating.

The Veteran's claim for an effective date earlier than September 6, 2019, for the grant of service connection of PTSD is granted. The Veteran's initial rating for PTSD to include depression and anxiety remains at 70 percent.

The Board denied service connection for PTSD, nerve damage, and increased ratings for anxiety disorder with insomnia and right lower extremity neuropathy. The Veteran was found not to meet the criteria for a diagnosis of PTSD or nerve damage, and his symptoms were deemed insufficient to warrant higher disability ratings.

The Veteran's service-connected anxiety disorder and tinnitus have rendered him unable to secure or follow a substantially gainful occupation since June 1, 2016. The Board has granted TDIU for this period, but has also referred the issue of TDIU prior to June 1, 2016, for extraschedular consideration.

The Veteran's claims for service connection for an acquired psychiatric disorder, right CTS, and left CTS have been remanded due to the need for additional medical opinions. The claim for tinnitus has been reopened but denied.

The Veteran's appeal is being remanded due to the need for updated VA treatment records and a new examination to assess his current PTSD symptoms, including their impact on his social and occupational functioning.

The Veteran's TDIU claim for the period from May 1, 2013 to March 12, 2014 is granted.,The Veteran's TDIU claim for the period from May 1, 2014 to October 10, 2021 is granted.,The Veteran's TDIU claim for the period from May 1, 2022 is granted.

The Board has granted service connection for an acquired psychiatric disorder, to include anxiety disorder. The Board denied service connection for a back disability and a neck disability.

The Veteran's claims for increased disability ratings and TDIU have been remanded due to the need for additional development, including obtaining VA treatment records and providing a retrospective medical opinion regarding functional loss during flare-ups.

The Veteran's claim for a skin condition was dismissed as the Veteran withdrew his request for service connection.,The Veteran's claim for an acquired psychiatric disorder, including PTSD and anxiety disorders, was reopened due to new evidence. Service connection is granted.

The Board has remanded the case due to insufficient development regarding whether the Veteran participated in combat and provided an addendum opinion on his psychiatric diagnoses. The case will be returned for further action.

The Board has denied the Veteran's claim for service connection for an acquired psychiatric condition, including anxiety and PTSD, as there is no competent medical evidence establishing a current diagnosis of such conditions.

The appeal for service connection of anxiety disorder, depression, and posttraumatic stress disorder is dismissed due to the Veteran's death.

The appeal as to entitlement to a total disability rating based on individual unemployability due to service-connected disabilities (TDIU) is dismissed.,Service connection for adjustment disorder with mixed anxiety and depressed mood prior to February 5, 2023, is granted. The Veteran's current psychiatric disability is proximately due to or the result of a service-connected disability.,Service connection for gastrointestinal reflux disease (GERD) is granted. The Veteran's GERD had its onset during service.,An initial 20 percent rating for left upper extremity radiculopathy is granted. The Veteran's symptoms most closely approximate mild incomplete paralysis of the upper radicular group.,An initial 10 percent rating for right upper extremity peripheral neuropathy is granted. The Veteran's symptoms most closely approximate mild incomplete paralysis of the upper radicular group.,A separate 20 percent rating for right knee instability is granted. The Veteran has experienced symptoms most nearly approximating moderate right knee instability.

The Veteran's claim for a higher rating for his generalized anxiety disorder is remanded due to the need for additional private treatment records.

The Board has restored the Veteran's 30 percent rating for unspecified anxiety disorder, effective June 1, 2017, after finding that the reduction from 30 to 10 percent was improper due to procedural errors.