Anxiety decisions — 2024

The Board has determined that the Veteran's acquired psychiatric disorder, including anxiety and depressive disorders, is secondary to his service-connected knee disabilities. The appeal for service connection on this basis is granted.

The Board denied the Veteran's claims for special monthly compensation (SMC) based on housebound status and SMC based on the need for aid and attendance, finding that his service-connected disabilities did not render him permanently housebound or in need of regular aid and assistance.

The Veteran's claims for an earlier effective date for service connection for erectile dysfunction and associated special monthly compensation were denied. The Board found that the April 2015 rating decision granting service connection for anxiety did not become final, and thus the Veteran was not entitled to a pending increased rating claim for anxiety.,The AOJ granted service connection for erectile dysfunction in September 2020 with an effective date of October 30, 2019. The special monthly compensation based on loss of use of creative organ was also granted at the same time.

The rating for the acquired psychiatric disorder was reinstated to 70 percent effective January 23, 2020. The Veteran's TBI and migraine headache disabilities were not rated higher than their current levels.

The Board has remanded the claims of service connection for an unspecified anxiety disorder and a low back disability due to insufficient rationale in the VA medical opinions provided.

The Veteran's claim for an earlier effective date prior to April 19, 2012 for the grant of service connection for anxiety disorder NOS was denied. The Board also granted a disability rating of 70 percent for his anxiety disorder NOS but no higher.

The Board has remanded the case due to errors in duty to assist and insufficient evidence regarding the Veteran's claimed psychiatric conditions. The Veteran is seeking service connection for PTSD and chronic adjustment disorder with mixed anxiety and depressed mood, which are currently diagnosed. The VA must obtain additional records and provide a new VA examination to determine if these diagnoses meet the DSM-5 criteria and whether they are related to service.

The Veteran's claim for an increased rating of 70 percent for her service-connected acquired psychiatric disability, including generalized anxiety disorder and panic disorder with trichotillomania, is granted. The issue of entitlement to TDIU is dismissed as moot.

The Veteran's initial ratings for obstructive sleep apnea and unspecified anxiety disorder have been granted, with a 30 percent rating assigned for each condition.

The Veteran's PTSD is rated at 70 percent, the highest available rating. The VA has also granted a TDIU based on unemployability due to his service-connected disabilities.

The Veteran did not serve during a period of war, and therefore the appellant is not entitled to pension benefits. The Veteran's death occurred after he had received his last VA benefit claim, so accrued benefits are also denied.

The Board has decided to remand the case due to a duty to assist error and the need for a VA examination to determine if the Veteran's OSA is caused or aggravated by his service-connected unspecified anxiety disorder.

The Board dismissed the appeal for an earlier effective date for a grant of Total Disability Rating Based on Individual Unemployability (TDIU) because no eligible rating decision was issued in the year prior to the January 2022 VA Form 10182.

The Veteran's psychiatric disorder, including PTSD, depressive disorder, and anxiety disorder, was found to be productive of reduced reliability and productivity prior to March 13, 2018. From March 13, 2018, the disorder caused total occupational and social impairment.

The Veteran's appeal for an increased rating for service-connected unspecified anxiety disorder with alcohol use disorder was denied. The disability is currently rated at 30 percent, effective July 28, 2016.

The Veteran's sleep apnea is being remanded for a new medical opinion to determine if it is related to his service-connected PTSD, major depressive disorder, and generalized anxiety disorder.

Anxiety and depression are now rated at 70 percent effective October 8, 2018.,Tinea versicolor remains rated at 30 percent effective October 8, 2018.,Headaches or migraines are now rated at 50 percent effective October 8, 2018.,Residuals of TBI are now rated at 10 percent effective October 8, 2018.,Orthostatic hypotension is now rated at 30 percent effective October 8, 2018.

The Veteran's mental health conditions, including PTSD, major depression, and anxiety disorder, are currently diagnosed. The Board finds that the evidence does not establish a clear link between these conditions and service, necessitating further examination to determine their etiology.

The Veteran was granted a total rating based on individual unemployability (TDIU) from October 12, 2016. She is also receiving special monthly compensation (SMC) based on housebound status since that date.,The appeal for TDIU prior to October 12, 2016, has been referred for extraschedular consideration.

The Veteran's request for a total disability rating based on individual unemployability due to service-connected disabilities is granted. The proposed reduction of his migraine rating from 30% to 0% is dismissed.