Anxiety decisions — 2024

The Board has decided to remand the Veteran's claims for higher ratings for his service-connected psychiatric, neck, and low back disabilities due to inadequate examinations. The claims will be addressed again with new evaluations.

The Veteran's service-connected acquired psychiatric disorder, other than PTSD, to include adjustment disorder with mixed depression and anxiety, claimed as psychotic disorder, is granted at a 70 percent disability rating. An earlier effective date of December 21, 2017 for this condition is also granted.

The Veteran withdrew his appeal for service connection of multiple conditions, including psychiatric disorders and hearing loss. The Board dismissed the appeals as a result.

The Board has determined that the Veteran's PTSD, depression, and anxiety were not proximately caused or aggravated by VA's carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault on the part of VA. Therefore, compensation under 38 U.S.C. § 1151 for these conditions is denied.

The Veteran's service-connected other specified anxiety and depressive disorder is rated at 50 percent, but the Board finds that this rating is appropriate as it does not meet the criteria for a higher rating.

The Board has granted service connection for the residuals of a right lower shin fracture and remanded the issue of entitlement to service connection for an acquired psychiatric condition.

The Veteran's claim for an earlier effective date prior to May 31, 2019, and his initial rating appeal for anxiety disorder due to chronic pain syndrome and insomnia disorder were both denied.,The Board found that the Veteran did not file a formal or informal claim for service connection for anxiety disorder prior to May 31, 2019.

The Board has remanded the case due to insufficient evidence linking the Veteran's current psychiatric disorders, including PTSD and depression, to his service. The Veteran was not provided with a VA examination in connection with this claim.

The Veteran's claim for an earlier effective date of March 23, 2010, for the grant of service connection for major depressive disorder, recurrent, moderate, with anxious distress is granted.,The claims for service connection for allergic rhinitis and irritable bowel syndrome (IBS) are dismissed as moot.

The Board has remanded the Veteran's claims for additional development due to pre-decisional duty to assist errors. The claims are being remanded for examinations and opinions regarding his acquired psychiatric disability, low back pain, and left ankle pain.

The Veteran's acquired psychiatric disorder is granted as secondary to his service-connected left wrist, left thumb, left hamstring, neck, migraine, and gastroesophageal reflux disease (GERD) disabilities.

The Veteran's acquired psychiatric disorder, diagnosed as adjustment disorder with mixed anxiety and depression, is granted service connection. The Veteran's DJD of the first right MTP joint is granted a 20% rating.

The Board has dismissed the appeals for service connection due to the appellant's death, as claims do not survive their deaths. The appeal is dismissed for lack of jurisdiction.

The Board has determined that new and relevant evidence supports the Veteran's claim for service connection for an acquired psychiatric disorder, including PTSD and Adjustment Disorder with Anxiety and Depressed Mood. The Board finds that these conditions are related to service and grants the claim.

The Veteran's claim for an increased rating for Generalized Anxiety Disorder associated with migraine including migraine variants and dizziness was denied.,Service connection for tinnitus was granted. The Board remanded the case due to a need for further development regarding service connection for Chronic Fatigue Syndrome (as medically unexplained chronic multi-symptom illness).

The Veteran's acquired psychiatric disorder, including PTSD, anxiety, depression, and adjustment disorder, is rated at 50% effective October 31, 2014.

The Board has remanded several issues related to the Veteran's service connection claims, including effective date for scar, low back prior to April 15, 2017; evaluation greater than 70 percent for anxiety disorder and major depressive disorder; compensable evaluation for scar, low back; and evaluation greater than 40 percent for residuals, status post lumbar discectomy. The Veteran's claims will be remanded for further adjudication by the RO.

The Veteran's initial claim for a higher rating for coronary artery disease was denied, as the evidence did not show functional impairment equivalent to more than one episode of acute congestive heart failure in the past year or workload of greater than 5 METs but not greater than 10 METs results in dyspnea, fatigue, angina, dizziness, or syncope.,The Veteran's PTSD with generalized anxiety disorder was granted a higher initial rating to 70 percent from May 24, 2010, through July 11, 2022. The maximum allowable compensation under the rating schedule is assigned after that date.,TDIU was granted prior to July 12, 2022, based on evidence showing the Veteran's inability to secure and follow substantially gainful employment due to his service-connected disabilities.

The Board has dismissed all claims as the Veteran died during the appeal process and there is no jurisdiction to adjudicate the merits of these cases.

The Veteran's service-connected anxiety disorder and depression do not render him unable to secure or follow a substantially gainful occupation, as his physical impairments also contribute to his unemployability. The Board denied the TDIU claim due to lack of evidence showing exceptional factors from his service-connected disabilities.