Anxiety decisions — 2024

The Board has remanded the case due to errors in obtaining relevant medical records and providing an adequate opinion regarding service connection for cause of death. The Veteran's surviving spouse is seeking service connection for cause of death, which requires a showing that the service-connected condition contributed substantially or materially to the Veteran's death.

The Veteran's major depressive disorder and anxiety disorder were granted an increased rating to 100 percent effective October 28, 2023. The earlier effective date for the 100 percent evaluation is denied.

The Board has determined that the Veteran's hypertension is not secondary to a service-connected disability and is not otherwise related to an in-service event, injury, or disease.,The evidence is at least in approximate balance that the Veteran's tinnitus began during active service. The Board has therefore granted service connection for tinnitus.,The claim of service connection for an acquired psychiatric disability (including PTSD, depression, and anxiety) remains remanded due to a duty-to-assist error.

The Veteran's claim for service connection for generalized anxiety disorder and major depression was originally denied in April 2021. The Board has determined that the earliest effective date is February 25, 2021, as this is when the Veteran first submitted her original claim.

The Board has remanded the case due to insufficient medical evidence on file, and a VA examination is needed to determine if the Veteran's current psychiatric disabilities are related to her in-service symptoms.

Your service connection claims for anxiety and insomnia, as secondary to bilateral hearing loss and tinnitus, have been granted in a previous rating decision. As such, the current appeal is dismissed.

The Veteran's claim for a higher rating for PTSD was denied as the increase in disability occurred after the May 2022 supplemental decision, and no earlier effective date is warranted.

The Board denied the Veteran's claim for service connection for anxiety as there is no current diagnosis of this condition and insufficient evidence to establish a link between his time in service.

The Veteran's service-connected anxiety disorder does not meet the criteria for financial assistance to purchase an automobile or other conveyance and adaptive equipment, as it is not a permanent disability that causes loss of use of any extremities. The claim for nonservice-connected pension benefits was denied due to the Veteran receiving greater compensation from his service-connected condition.

The Veteran's claim for service connection for an acquired psychiatric disability, diagnosed as GAD, is granted. The claims for tinnitus and knee disabilities are remanded.

The Veteran's service-connected generalized anxiety disorder and coronary arteriosclerosis do not prevent him from securing or following substantially gainful employment.

The Veteran's acquired psychiatric disorder is rated at 70 percent, which is the maximum schedular rating available.,The Veteran's migraine condition is rated at 50 percent, which is the maximum schedular rating available.

The Veteran's TDIU claim is granted with an effective date of January 31, 2019. The decision also notes that the Veteran was last employed in January 2019 and met the schedular criteria for a TDIU at that time.

The Board has denied service connection for PTSD due to Military Sexual Trauma and has remanded the issue of service connection for an acquired psychiatric condition other than PTSD. The Veteran's claims are pending further examination and opinion.

The Veteran's tinnitus was not shown as chronic in service and did not manifest to a compensable degree within the applicable presumptive period; continuity of symptomatology is not established; and the disability is not otherwise etiologically related to an in-service injury or disease.,The Veteran's acquired psychiatric disability is not etiologically related to active service.,The Board concludes that, while the Veteran may experience symptoms of anxiety or depression, the evidence of record persuasively weighs against finding that any acquired psychiatric disorder began during service or is otherwise related to an in-service injury, event, or disease. The claim for service connection for an acquired psychiatric disability is therefore denied.,The Board concludes that the claims must be remanded to correct pre-decisional duty to assist errors. Review of the claims file does not confirm that the Veteran was stationed in the Southwest Asia theater of operations during the Persian Gulf War. In this regard, the Board believes that additional efforts to determine whether the Veteran had active duty service in the Southwest Asia theater of operations during the Persian Gulf War are needed.,The Veteran seeks service connection for hypertension, CFS, fibromyalgia, and migraines, which he argues are due to toxic exposure risk activities (TERA). While the Veteran has consistently argued that he participated in TERA, this has not been verified by the RO. The Board finds it necessary to remand the Veteran's claims so that his potential TERA can be verified by the RO.,The Veteran seeks service connection for low back pain with intervertebral disc syndrome. He reports that he injured his back during a patrol in 2005 and contends that his current back disability is related to this injury. Remand is necessary to obtain the Veteran's complete military personnel records to ascertain whether his 2005 back injury happened during a period of ADT or IDT.,The Veteran seeks service connection for hypertension, CFS, fibromyalgia, and migraines. He contends that his disabilities are related to toxic exposures during service in Operation Enduring Freedom. The Veteran's October 2002 DD-214 confirms that the Veteran served in support of Operation Enduring Freedom.

The Board dismissed the Veteran's claims for service connection of anxiety disorder and depression, as well as his requests for increased ratings for right shoulder impingement syndrome with tendonitis and thoracolumbar strain. The case is remanded to obtain updated VA examinations for the thoracolumbar strain.

The Board has remanded the Veteran's claim for a VA examination to determine if he has current psychiatric disorders that had their onset in or are otherwise related to his active duty service from February 2009 to March 2010. The examiner must provide a rationale for each opinion given.

The Veteran's appeals for service connection were dismissed due to a mandatory claims processing rule deficiency. The appeal was not timely filed within one year of the November 2020 and December 2021 rating decisions.

The Board has determined that the Veteran is in need of personal care services for a minimum of six continuous months due to his medical conditions and needs supervision, protection, and instruction. The PCAFC eligibility decision must be reconsidered based on the best interest of the Veteran.

The Board has determined that the Veteran's generalized anxiety disorder is related to his active service and grants entitlement to service connection for this condition.