Anxiety decisions — 2024

The Veteran's claims for service connection on multiple conditions are remanded due to the need for additional medical opinions and records.

The Veteran's appeal is remanded due to the need for additional examinations and opinions regarding his service-connected conditions, as well as new evidence of worsening since previous evaluations.

The Veteran's appeal for service connection for PTSD was dismissed as he did not file a timely appeal of the January 2019 rating decision denying his claim.

The Board has remanded the case due to a duty-to-assist error and insufficient evidence, including missing VA treatment records. The Veteran's lay statements indicate he experienced symptoms of depression and anxiety during his military service, which may have been exacerbated by deployment stressors. A new examination is needed to determine if these conditions are related to his military service.

The Veteran's acquired psychiatric disorder and back disability are granted as service connected, with the evidence showing a current disability in each condition that is related to active duty.

The Veteran's claim for a 100% rating for other specified anxiety disorder with alcohol use disorder and traumatic brain injury (TBI) with residual neurocognitive disorder, dizziness, and giddiness is granted. The claims for increased ratings of service-connected visual constriction and tinnitus are denied. An effective date of March 4, 2021, but no earlier, for basic eligibility to Dependents' Educational Assistance (DEA) under 38 U.S.C. chapter 35 is granted.

The Board has decided to remand the case due to a pre-decisional duty to assist error regarding a mental health examination. The Veteran's mental health condition is being reviewed again for service connection.

The Veteran's claim for service connection for an acquired psychiatric disorder, including PTSD, unspecified anxiety disorder, and chronic adjustment disorder is granted. The appeal is based on the Veteran's in-service stressors during his deployments to Iraq and Afghanistan.

The Veteran's claim for service connection for an acquired psychiatric disorder, including paranoid personality disorder and cannabis use disorder, was denied. The claim for service connection for headaches is remanded due to potential exposure to toxic substances during service.

The Board has determined that the Veteran's claimed psychiatric disabilities, anxiety and depression, were not incurred or aggravated during his active duty service. The pre-existing conditions existed prior to service and did not worsen as a result of service.

The January 2011 rating decision is revised to reflect an effective date of January 17, 1972 for the award of service connection for anxiety disorder, NOS. The appeal is granted.

The Board has dismissed the appeal for a total disability rating based on individual unemployability (TDIU) as it is no longer relevant since the Veteran's TDIU claim was already resolved in favor of the Veteran.

The Veteran's claims for PTSD, anxiety, and stress are remanded due to a duty-to-assist error related to the scheduling of VA examinations. The Board finds that proper notification was not provided prior to the scheduled exams.

The Board has remanded the Veteran's claim of entitlement to service-connected acquired psychiatric disorder due to inadequate VA medical examination and opinion. The case will be returned for a new examination and opinion.

The Veteran's appeals for an evaluation in excess of 30 percent for adjustment disorder with mixed anxiety and depressed mood, and a compensable evaluation for right ring finger fracture with partial amputation are dismissed.

The Veteran's claim for service connection for insomnia was denied as it is considered a symptom of his service-connected psychiatric disability.,The earlier effective date for the 70% rating for adjustment disorder with mixed anxiety and depressed mood with alcohol dependence was granted, but only since the Veteran continuously pursued his claim from June 2, 2014.

The Veteran's appeal is remanded to correct a duty to assist error that occurred prior to the March 2021 rating decision on appeal. The AOJ must afford the Veteran with an updated VA psychiatric examination and medical opinion that considers the entire claims file and clarifies whether his acquired psychiatric disorder clearly and unmistakably pre-existed or was aggravated by service, or is related to service.

The Board has remanded the claims for entitlement to service connection for an acquired psychiatric disorder and a back disability due to pre-decisional duty to assist errors. The Veteran's anxiety is found to be related to service, while his back disability may also have its onset in service.

The Board has granted service connection for insomnia disorder as secondary to service-connected tinnitus, but the claims of service connection for depression and anxiety are remanded due to a lack of evidence at the time of the November 2022 rating decision. The claim of service connection for hypertension is also remanded.

The Board has remanded the case due to a pre-decisional error in obtaining a VA examination and opinion regarding the Veteran's acquired psychiatric disability. The claim will be reconsidered with this information.