Anxiety decisions — 2024

The Board has remanded the claims of entitlement to service connection for sleep apnea, anxiety, diminished eyesight, and an initial compensable disability rating for bilateral hearing loss due to lack of evidence supporting these claims. The Veteran's current symptoms do not meet the criteria for a compensable rating for his bilateral hearing loss.

The Veteran's TBI residuals with memory loss and dizziness are rated at 70 percent, but his bipolar disorder, PTSD, depressive disorder, anxiety disorder, and cannabis use disorder remain at their maximum schedular ratings of 100 percent. The appeal is denied as the claim for increased rating has not met the criteria.

The Veteran's claims for service connection for tinnitus, anxiety, and migraines have been denied. The Veteran's claim for service connection for thoracolumbar spine disability (claimed as thoracic spine) and cervical spine disability has been granted.

The Veteran's claims for a higher rating for GAD and TDIU were denied as the evidence did not support earlier effective dates.

The Board denied the Veteran's claims for service connection for an acquired psychiatric condition and a dental disability for compensation purposes due to lack of current diagnoses and failure to meet legal criteria.

The Veteran's acquired psychiatric disorder is rated at a 50 percent evaluation, effective July 7, 2015.,The Veteran also received a TDIU rating based on his service-connected disabilities.

The Board has granted a total disability rating for the appellant's PTSD from May 15, 2013 to March 8, 2022, based on symptoms including suicidal ideation, obsessional rituals, intermittent inability to perform activities of daily living, and near-continuous depression.

The Board has restored the Veteran's disability rating for his psychiatric condition from 50% to 30%, effective September 8, 2021, finding that the reduction was improper due to a lack of actual improvement in the Veteran's condition.

The Board has determined that the appellant's appeal for service connection for pancreatitis, an eating disorder, anxiety disorder, and insomnia is denied. The Board also found that the appellant's claim for service connection for PTSD should be remanded to obtain a medical opinion regarding whether his PTSD was incurred during active duty.

The Veteran's PTSD is rated at 70 percent since March 26, 2018. An earlier effective date for the 70 percent rating has been granted from April 25, 2017.

The Veteran's claims for earlier effective dates for increased ratings of generalized anxiety disorder and cognitive disorder with TBI residuals are denied as there is no evidence of worsening within the one-year period prior to his December 4, 2012 claim.,There is no basis to award an earlier effective date than December 4, 2012 for these claims.

The Board has remanded the Veteran's claims for a disability rating in excess of 70 percent for PTSD, entitlement to TDIU, and SMC under U.S.C. �1114(s) due to incomplete development.

The Board has granted a 70 percent rating for the Veteran's unspecified depressive disorder with anxiety, effective from when it was initially rated as 50 percent.

The Board denied the Veteran's claim for a total disability rating based on individual unemployability due to service-connected disabilities, finding that her service-connected conditions did not prevent her from securing and following substantially gainful employment.

The Veteran's initial disability rating for major depressive disorder with generalized anxiety disorder remains at 50 percent, and his request for a total disability rating based on individual unemployability due to service-connected disabilities is denied.

The Board has remanded the case due to inconsistencies in the February 2020 VA examination and the Veteran's lay statements regarding why he did not seek mental health treatment in service. The examiner found that the Veteran's psychiatric disorder was less likely than not incurred in, or caused by service.

The Board has determined that new and relevant evidence sufficient to readjudicate the claim for entitlement to service connection for an acquired psychiatric disorder has been received. The case is remanded due to a need for another VA examination to determine the nature and etiology of the Veteran's psychiatric disorders.

The Board has decided to remand the case due to a duty-to-assist error regarding whether the Veteran's psychiatric disorder was aggravated by his service-connected tinnitus.

The Veteran's claim for an earlier effective date for the 100% rating for major depressive disorder, SMC based on housebound status, and DEA eligibility is denied. The Board found that entitlement to these benefits arose after October 5, 2020.

The Board has denied service connection for right ankle and foot disabilities, as well as for right and left knee disabilities, migraine headaches, an adjustment disorder with mixed anxiety and depressed mood, and sleep disturbances. The claims are remanded to obtain additional evidence and opinions.