Anxiety decisions — 2023

The Veteran's hypertension and tinnitus have been granted service connection, but his rhabdomyolysis and acquired psychiatric disorder remain unresolved due to the need for additional evidence.

The Veteran's service-connected generalized anxiety disorder and traumatic brain injury render him in need of regular aid and attendance due to his mental incapacity, which causes him to require care or assistance on a regular basis to protect him from the hazards or dangers incident to his daily environment. The Board has granted SMC based on this need.

The Board has denied service connection for cervical spine, right shoulder, left shoulder, right elbow, left elbow, right wrist, and left wrist disorders. The acquired psychiatric disorder (to include PTSD, depression, and anxiety) is also remanded.

The Board has decided to remand the case due to a lack of a VA psychiatric examination, which is necessary for an accurate determination of service connection for a psychiatric disability.

The Board denied service connection for PTSD, generalized anxiety disorder, and anxiety reaction based on the evidence of record at that time. The decision was not overturned due to clear and unmistakable error (CUE).

The Veteran's GERD is rated at a 10 percent disability rating, effective as of the date of the decision.,The Veteran's adjustment disorder with mixed anxiety and depressed mood is rated at a 70 percent disability rating, effective as of the date of the decision.

The Board has granted the Veteran's claim for service connection for an acquired psychiatric disorder, including major depressive disorder, posttraumatic stress disorder (PTSD), and generalized anxiety disorder. The decision is based on a finding that these conditions are related to military sexual trauma experienced during service.

The Board has remanded the cases for additional development and a new medical opinion due to incomplete information regarding the Veteran's in-service stressor, lack of corroboration, and insufficient treatment records.

The Veteran's claim for increased ratings for his depressive disorder with anxiety was denied prior to July 22, 2011. From July 22, 2011, to January 3, 2020, the Veteran received a 50 percent rating. The case is remanded for further action.

The Board has remanded several claims, including those for an increased disability evaluation for the Veteran's acquired psychiatric disorder and service connection for various conditions. The TDIU claim is also remanded as it is inextricably intertwined with these other claims.

The Board has remanded the case for further development and examination to determine the nature and etiology of the Veteran's claimed psychiatric disorder, including whether it is related to service. The decision regarding bilateral hearing loss remains denied.

The appeal challenging the reduction in ratings for GERD/eosinophilia gastritis and Adjustment Disorder with Mixed Anxiety and Depressed Mood is granted. The Veteran's GERD/eosinophilia gastritis rating is restored to 60%, while his Adjustment Disorder with Mixed Anxiety and Depressed Mood rating remains at 30%.

The Board has determined that the Veteran does not have a current diagnosis of hepatitis C or an acquired psychiatric disability, and therefore service connection for these conditions is denied.

The Veteran's acquired psychiatric disorder, including PTSD, anxiety, and depression, is related to her military service. The Board has granted entitlement to service connection for these conditions.

The Veteran's appeal for an increased disability rating for chronic adjustment disorder with mixed anxiety and depressed mood is dismissed.,The Veteran's appeal for service connection for PTSD is dismissed.,The Veteran's appeals for service connection for hypertension, left ear hearing loss, right shoulder disability, and left shoulder disability are all dismissed.

The Board has denied the Veteran's claims for separate ratings for anxiety and a sleep disorder, finding that these symptoms are part of his service-connected persistent depressive disorder.

The Veteran's anxiety disorder and alcohol use disorder are currently evaluated at 50 percent, but the Board finds that a higher evaluation is not warranted based on his symptoms.

The Board has decided to remand the Veteran's claim of service connection for an acquired psychiatric disorder due to insufficient opinions regarding all diagnosed conditions and incomplete service personnel records.

The Board denied the appellant's eligibility for direct payment of attorney fees from benefits resulting from the September 2019 grant of a total disability rating based on individual unemployability (TDIU). The TDIU was granted in response to an initial claim for TDIU filed by the Veteran, and not as part of an appeal or reconsideration of prior decisions.

The Veteran's appeal for increased evaluations for adjustment disorder with mixed anxiety and depressed mood was dismissed due to the death of the appellant.