Anxiety decisions — 2023

The Veteran's acquired psychiatric disorder, diagnosed as Generalized Anxiety Disorder (GAD), had its onset during service and is now granted service connection.

The Board has decided to remand the case due to insufficient evidence regarding the Veteran's service connection claim for major depressive disorder with generalized anxiety disorder. The decision will be reconsidered after obtaining a new opinion from an appropriate clinician.

The Veteran's claim for service connection for an acquired psychiatric disability, to include PTSD, is being remanded due to a failure to properly notify the Veteran of his scheduled VA examination and incomplete private treatment records. The Board finds that good cause has been shown for the Veteran's absence from the scheduled examination.

The Board has remanded the Veteran's claims for service connection due to failure to provide a VA examination and perform necessary development, including toxic exposure risk activity (TERA) examinations.

The appeal for a rating in excess of 10 percent for right knee meniscal tear residuals with degenerative arthritis is dismissed. The Veteran's attorney withdrew the appeal for this issue at his September 2023 hearing.

The Veteran's service-connected psychiatric disability has not resulted in total occupational and social impairment, but her symptoms have caused reduced reliability and productivity. The appeal for a higher rating is denied.

The Board has dismissed the appeals regarding service connection for unspecified anxiety disorder and gastroesophageal reflux disease (GERD) as secondary to unspecified anxiety disorder, along with initial ratings for ankle and knee impairments. The Veteran's claims are now considered under a previous docket.

The Board has granted a 70 percent rating for the Veteran's service-connected adjustment disorder with mixed anxiety and depressed mood, effective from September 28, 2018.

The Veteran's claims for a higher rating for his left knee condition and service connection for hearing loss in both ears are being remanded due to the need for additional examinations.,The Veteran's claim for an initial compensable rating for his left ear hearing loss is being remanded as he reported worsening symptoms and there was no right ear hearing loss diagnosed. A new examination is needed, considering his testimony of noise exposure during service.,The Veteran's claim for service connection for his right ear hearing loss is being remanded due to the need for a new examination and opinion addressing whether it is related to service or within one year post-service.,The Veteran's claims for service connection for an acquired psychiatric disorder (including PTSD, anxiety, and depression), left hip disability, right hip disability, left ankle disability, and right ankle disability are being remanded due to the need for additional examinations considering his lay statements and secondary theories of entitlement.,The Veteran's claim for service connection for his bilateral hip disability is being remanded as there was no current diagnosis found in a previous examination. A new opinion is needed regarding whether it is related to his back condition or aggravated by other conditions.,The Veteran's claims for service connection for his bilateral ankle disability are being remanded due to the need for additional examinations considering his lay statements and secondary theories of entitlement as raised at his hearing.,The Veteran's claim for service connection for his left knee condition is being remanded as there was no current diagnosis found in a previous examination. A new opinion is needed regarding whether it is related to his back condition or aggravated by other conditions.

The Veteran's combined disability rating prior to December 2, 2013 was 60 percent. The Board has granted a TDIU on an extraschedular basis due to the cumulative effects of his service-connected disabilities.

The Veteran's PTSD and Anxiety Disorder are rated at 70 percent, but no higher. A TDIU is granted based on multiple service-connected disabilities.

The Board has determined that the VA medical opinions are inadequate and requires further remand for adequate medical opinions regarding the Veteran's knee conditions and acquired psychiatric disorder.

The Veteran's claim for service connection for insomnia disorder is granted. The claims for GERD, lumbar spine disability, cervical spine disability, bilateral lower extremity radiculopathy, bilateral upper extremity radiculopathy, essential tremor, and an acquired psychiatric disability (including PTSD and unspecified anxiety disorder) are all remanded.

The Board has determined that the Veteran's acquired psychiatric disorders, including anxiety and depression, are related to his service. The decision grants service connection for these conditions.

The Veteran's acquired psychiatric disorder, including anxiety, panic disorder, PTSD, and persistent depressive disorder, is granted as secondary to his service-connected bilateral plantar fasciitis with bilateral pes planus. The low back disability claim was remanded.

The Board has granted the Veteran's requests to readjudicate his previously denied service connection claims for depressive disorder, PTSD, and anxiety. The claims are now remanded for further review.

The Veteran's service connection claims for unspecified anxiety disorder and gastroesophageal reflux disease (GERD) as secondary to the former are granted. The initial ratings of 20 percent, but no greater, for left ankle strain and right ankle strain are also granted. However, the claim for an increased rating for right knee impairment is denied.

The Board has remanded the Veteran's claims for low back pain, radiculopathy of the right lower extremity, and an acquired psychiatric condition (including depressive disorder and anxiety disorder) due to incomplete service treatment records.

The Board found clear and unmistakable error in the grant of service connection for anxiety, leading to its denial. The appeal regarding PTSD was also denied as there is insufficient evidence linking the current disability to service.

The Board has determined that the Veteran's current psychiatric disability, including PTSD and related conditions like anxiety, depression, substance use disorder, and Bipolar I Disorder, is related to his service stressors. The appeal for service connection is granted.