Anxiety decisions — 2024

The Board denied service connection for an acquired psychiatric disorder, including PTSD, finding that the evidence did not support a link between the Veteran's current conditions and his military service.

The Board has remanded the case due to outstanding records and need for clarification on whether the Veteran's nonservice-connected psychiatric conditions are distinguishable from his service-connected unspecified anxiety disorder, as well as the cause of his somatic symptoms.

The Board has remanded the case due to an inadequate September 2019 VA medical opinion regarding the relationship between the Veteran's obstructive sleep apnea and his service-connected major depressive disorder, generalized anxiety disorder, and panic disorder without agoraphobia. The AOJ is instructed to obtain a supplemental medical opinion addressing whether the Veteran's obstructive sleep apnea is aggravated by these service-connected conditions.

The Veteran is granted an earlier effective date of October 18, 2020 for a 50 percent rating for bilateral flat foot with plantar fasciitis.,An earlier effective date of October 18, 2020 is granted for a 30 percent rating for migraine including migraine variants.,The Veteran's PTSD and major depressive disorder are now rated at 50 percent effective July 13, 2021.

The Veteran's service-connected bilateral hearing loss is denied a compensable rating. Service connection for PTSD, anxiety disorder, pelvis cancer, spinal cancer, prostate cancer, hepatitis C, hypertension, cardiovascular disease, ED, and liver condition are all denied.

The Board has granted service connection for tinnitus and left ear hearing loss, but denied service connection for right ear hearing loss. The Veteran's claim for adjustment disorder with mixed anxiety and depressed mood is remanded.

The Veteran's claim for service connection for an acquired psychiatric disorder is being remanded due to the need to verify in-service stressors. The AOJ will attempt to obtain ship logs and other pertinent records from the USS Emory S Land (AS-39) to support his claims.

The Veteran's acquired psychiatric disorder, including anxiety disorder and adjustment disorder, is related to his service-connected disabilities. The Board has granted the claim for secondary service connection.

The Board denied service connection for a right foot disability, bilateral hearing loss disability, tinnitus, and psychiatric disorder (including PTSD and anxiety).,The evidence did not support the Veteran's claims of in-service disease or injury related to these conditions.

The Veteran's claims for an initial compensable rating for service-connected allergic rhinitis and service connection for a psychiatric disorder to include PTSD and anxiety are remanded due to pre-decisional duty-to-assist errors.

The Board has determined that there was a duty to assist error and has remanded the case for further development, including obtaining an opinion on whether the Veteran's sleep apnea is related to his service-connected anxiety disorder.

The Veteran's claim for service connection for an acquired psychiatric disorder, including chronic adjustment disorder, PTSD, depression, and anxiety is being remanded due to a duty to assist error. The Board will consider the evidence of record at the time of the February 2021 RO supplemental claim decision on appeal.

The Board denied the Veteran's claims for service connection for thoracic aortic ectasia chest pain and adjustment disorder with mixed anxiety and depressed mood, finding that there was no current disability or symptoms causing functional impairment.

The appeal for service connection for obstructive sleep apnea is dismissed due to mootness. Service connection for an acquired psychiatric disorder, including anxiety and depressive disorders, secondary to a service-connected back condition, is denied.

The Veteran's claims for service connection for a psychiatric disability and gastrointestinal disability are being remanded due to duty-to-assist errors in the prior decision. The Board will seek additional medical opinions to address the relationship between the Veteran's current conditions and his service, as well as any aggravation by his service-connected tinnitus.

The Veteran's initial rating in excess of 50 percent for unspecified anxiety disorder and service connection for PTSD were denied. The appeal is based on the severity, frequency, and duration of psychiatric symptoms.

The Board has determined that a remand is necessary to address the causal nexus between the Veteran's diagnosed PTSD and his conceded in-service stressor, as no such opinion was provided by the VA examiner.

The Veteran's claim for service connection for an acquired psychiatric disability (claimed as secondary to service connected tinnitus) is granted. The Veteran's claim for service connection for obstructive sleep apnea (claimed as secondary to service connected tinnitus) is denied.

The Board denied the appellant's eligibility for attorney fees based on past-due benefits awarded in rating decisions dated May 19, 2021 and May 21, 2021. The decision found that while the appellant was eligible to receive direct payment of fees arising out of the grants of service connection for anxiety, depression, PTSD, and a 70 percent rating for persistent depressive disorder, she waived her entitlement to these fees.

The Veteran withdrew his appeal, so the case is dismissed.