Anxiety decisions — 2024

The Board denied the Veteran's claim for service connection for an acquired psychiatric disability, specifically anxiety, as there is no current diagnosis of a mental disorder.

The Board has decided to remand the case due to conflicting evidence regarding whether the Veteran had a current psychiatric disability during the appeal period. A new VA examination is required to clarify if any diagnosed psychiatric disorder is related to service or caused by his service-connected lumbosacral strain, mild degenerative joint and disc disease.

The Veteran's claim for increased ratings for major depressive disorder with generalized anxiety disorder and PTSD was denied. Prior to August 20, 2021, the rating remained at 50 percent. From August 20, 2021, a higher rating of 70 percent was granted but not effective until December 2021.

The Veteran's acquired psychiatric disorder, diagnosed as major depressive disorder and generalized anxiety disorder, is granted service connection.,The Veteran's sleep apnea, secondary to his service-connected acquired psychiatric disorder, is granted on a causation basis.

The Veteran's obstructive sleep apnea is found to have increased in severity due to his service-connected acquired psychiatric conditions, and the Board grants service connection for this condition as secondary.

The Board has denied service connection for major depressive disorder and anxiety disorder, finding that the evidence does not support a link between these conditions and active military service.

The Board has determined that the VA medical examination provided a negative opinion regarding the etiology of the Veteran's unspecified anxiety disorder. The examiner opined that the disorder is not related to in-service stressors and was instead due to passive aggressive personality disorder, which was diagnosed after discharge. As such, the matter is being remanded for an addendum opinion.

The Veteran's appeal for increased ratings was denied. The claim of an increased rating for anxiety disorder with unspecified depressive disorder (anxiety) is denied as the severity, frequency, and duration of his symptoms did not meet the criteria for a higher disability rating. The claims for right hip scars and right hip condition are granted at 50 percent. The claim for left knee patellofemoral syndrome remains pending.

The Veteran's hearing loss and ringing in the ears do not meet VA disability criteria.,The Veteran does not have a current diagnosis of tinnitus.

The Veteran's schizophrenia and unspecified anxiety disorder have been granted a 100 percent disability rating effective from February 27, 2022. However, the claim for total disability based on individual unemployability (TDIU) has been denied.

The Veteran's service-connected psychiatric disorder, rated at 70 percent disabling since December 1, 2021, is sufficient to grant a total disability rating based on individual unemployability (TDIU) and statutory special monthly compensation (SMC) effective December 1, 2021.

The Board denied the Veteran's claims for earlier effective dates for service connection and increased ratings, finding no evidence of a claim prior to December 29, 2020.

The Veteran's appeal is being remanded to secure an adequate medical examination and review of his service records, as the current evidence does not provide sufficient information on the nature and etiology of his claimed psychiatric disability.

The Veteran's claim for service connection for night sweats was denied due to the lack of a diagnosed condition.,The Board found that remand is required in order to correct duty to assist errors and obtain adequate VA examinations and nexus opinions for upper back pain, right hip pain, radiculopathy, alopecia areata (claimed as hair loss), and anxiety.

The Veteran's claim for an initial rating in excess of 30 percent for PTSD is denied. The Board has also identified a need to obtain additional medical opinions regarding the presence and etiology of any psychiatric disorder other than PTSD.

The Veteran's appeal for a rating greater than 70 percent for their acquired psychiatric disorder, which includes mood disorder (also claimed as PTSD, depression, anxiety, sleep disorder, and anger), has been dismissed. The November 2020 Board decision implemented the increased rating of 70 percent.

The Board has remanded the claims of service connection for acquired psychiatric disorder and sleep apnea due to pre-decisional duty to assist errors. The Veteran should be afforded VA examinations to determine if his claimed disabilities are related to service.

The Board dismissed the Veteran's appeals regarding service connection for various conditions due to the appellant's withdrawal of the appeal prior to a decision being made.

The Board has remanded the case due to inadequate development and review of the Veteran's claims file, particularly regarding his service-connected unspecified anxiety disorder with alcohol use disorder. The issues of entitlement to a disability rating greater than 30 percent for this condition and entitlement to TDIU are inextricably intertwined.

The Board has decided to remand the case due to insufficient medical opinions regarding the Veteran's acquired psychiatric disorders, particularly his anxiety and depression.