Anxiety decisions — 2024

The Veteran's TBI with unspecified anxiety disorder and depression is currently rated at 70 percent, effective October 18, 2012. The Board has determined that the current rating of 70 percent is the highest evaluation available for this condition.

The Veteran's claim for a rating in excess of 50 percent for insomnia disorder with anxiety disorder prior to August 12, 2021, and in excess of 70 percent for the period following is denied.,The issue of entitlement to a total disability rating based on individual unemployability (TDIU) has been raised by the record.

The Veteran's service-connected disabilities do not meet the criteria for special monthly compensation based on housebound status as he is not permanently confined to his dwelling and immediate premises due to service-connected disabilities.

The Veteran's sarcoidosis is caused by service, and he is granted service connection for this condition.,Service connection cannot be established for kidney disease as there is no evidence of its onset during or within one year following service. The Board finds the evidence does not support a finding that it was related to service.

For the period on review, the Veteran's pseudofolliculitis barbae was denied a compensable rating.,For the period on review, the Veteran's major depressive disorder and generalized anxiety disorder were granted a 50% disability rating.

The Board has restored service connection for generalized anxiety disorder, effective May 1, 2022, as the original decision was not clearly and unmistakably erroneous.

The Veteran's claim for bilateral hearing loss was denied as there is no evidence of a current disability.,The Veteran's acquired psychiatric disorder, including schizophrenia with memory loss, anxiety, and depression, was granted service connection based on continuity of symptomatology since service. The VA examiner linked the onset to his in-service experiences.,The Veteran's claim for TBI/Residuals of TBI was denied as there is no evidence of a current diagnosis or residuals associated with such.

The Board has determined that the Veteran's obstructive sleep apnea is at least as likely as not related to his service-connected mental health conditions, and grants service connection for this condition.

The Board denied the Veteran's claim for service connection for mild obstructive sleep apnea (OSA) as secondary to his service-connected anxiety disorder with obesity, finding that the evidence did not support a finding of fact that the OSA was proximately due to his service-connected anxiety disorder.

The Veteran's claims of service connection for anxiety, insomnia, migraine headaches, and vertigo were denied. The Board found insufficient evidence to support the claims.

The Veteran's appeal for a higher evaluation for minimal spondylosis T10 to T12 was dismissed. The Board also remanded the claims of earlier effective dates for major depressive disorder, panic disorder, generalized anxiety disorder; total disability rating due to individual unemployability (TDIU); special monthly compensation based on housebound status; and eligibility for Dependents' Educational Assistance under 38 USC chapter 35.

The Veteran's bilateral hearing loss is currently assigned a noncompensable rating, and the claim for a compensable evaluation is denied.,There is no evidence of a current left hip disability during or approximate to the period on appeal. The claim for service connection for a left hip condition is denied.,Service connection for an acquired psychiatric disorder with alcohol dependency is remanded as there was no specific assertion of PTSD and VA examination is needed to clarify the nature and etiology of the claimed psychiatric disorder, including whether it is secondary to or caused by a service-connected disability.,The Veteran's hypertension claim is remanded due to his assertion that it is secondary to an acquired psychiatric disorder. Service connection for diabetes mellitus (to include as secondary to hypertension) is also remanded based on the Veteran's assertion of its secondary relationship to hypertension.,Right and left lower extremity diabetic neuropathy are remanded as they are claimed to be secondary to diabetes mellitus, which is itself a claim that requires further development.,The Veteran's right and left lower extremity diabetic neuropathy claims are remanded based on the same reasoning as his diabetes mellitus claim.

The Board has remanded the case due to insufficient evidence regarding the Veteran's service connection claims for PTSD and an acquired psychiatric disability, including MDD and anxiety. The AOJ is required to provide a VA examination to determine if these conditions are related to service.

The Veteran's claim for an initial rating greater than 50 percent for his service-connected anxiety disorder is denied. The effective date of the grant of service connection remains December 6, 2001.

The Veteran's symptoms of insomnia disorder and adjustment disorder with anxiety have been rated at 30 percent, which is the maximum rating available under the General Formula for Mental Disorders. The Board found that his symptoms did not warrant a higher rating as they were within the range considered by the current 30 percent rating.

The Veteran's claim for an earlier effective date of April 14, 2015, for the grant of service connection for his acquired psychiatric disability (anxiety and bipolar II disorder) is granted. The claims for increased evaluation, TDIU, and DEA are remanded.

The Veteran's appeal is being remanded for further development due to the need for a pre-decisional duty to assist error in relation to service connection claims.

The Veteran's claims for service connection for generalized anxiety disorder, right foot hallux valgus and pes planus, left foot hallux valgus and pes planus, and left hip disability have been granted. The claims for headaches, abdominal pain, and chest pain are being remanded due to insufficient evidence.

The Veteran's appeals for increased ratings were dismissed. The Board granted initial disability ratings of 30 percent and 10 percent, but no higher, for tension headaches and gastroesophageal reflux disease (GERD), respectively.

The Veteran's claims for bilateral hearing loss, tinnitus, an acquired psychiatric disorder (to include PTSD, anxiety, and depression), allergic rhinitis, chronic sinusitis, left elbow disability, right elbow disability, neck disability, colostomy, diverticulosis, bilateral foot condition, heart disability, hemorrhoids, left ankle disability, right ankle disability, left hip disability, right hip disability, left knee disability, right knee disability, left shoulder disability, right shoulder disability, left wrist disability, right wrist disability, back disability, colon polyps, prostate disability, and vertigo were denied as there is no evidence of current diagnoses or a causal relationship to service.