Anxiety decisions — 2024

The Veteran's claim for a disability rating in excess of 70 percent for Generalized Anxiety Disorder and Major Depressive Disorder was denied prior to December 21, 2020.,The Veteran's claim for an earlier effective date for the grant of TDIU was also denied.

The Veteran's claim for service connection for an acquired psychiatric disorder, specifically anxiety, has been denied as there is no evidence of a current disability related to his military service or a service-connected condition.

The Board has dismissed the appeal due to the appellant's withdrawal of his appeal and hearing request.

The Board has remanded the case due to inadequate medical opinions regarding service connection for an acquired psychiatric condition, specifically insomnia disorder and generalized anxiety disorder. The Veteran's representative withdrew representation.

The Board has remanded the claims of service connection for generalized anxiety disorder, essential tremors, a total disability rating based on individual unemployability due to service-connected disabilities (TDIU), and service connection for the cause of the Veteran's death. The remand includes an exhaustive search for federal treatment records from Peterson Air Force Base and the Air Force Academy Hospital, a formal finding regarding participation in a TERA, and readjudication of all claims.

The appeal regarding a proposed reduction of the disability rating for Major Depressive Disorder with anxiety distress from 100% to 70% is dismissed because the January 2021 rating decision was merely a proposal and did not effectuate an actual final decision.

The Board has granted service connection for an acquired psychiatric disorder, including anxiety disorder, depressive disorder, bipolar disorder, and mood disorder. The decision is based on the Veteran's credible testimony of in-service mental health symptoms that have continued to the present.

The Board has decided to remand the case due to a duty-to-assist error and requires an examination to determine if the Veteran's acquired psychiatric disorder, including depression and anxiety, is related to his service.

The Board has denied service connection for bilateral hearing loss. The claims of left plantar fasciitis, right plantar fasciitis, left ankle tendinitis, right ankle tendinitis, acquired psychiatric disorder (to include anxiety and PTSD), and left hip strain are all remanded due to pre-decisional errors in obtaining adequate VA examinations and medical opinions.

The Board has remanded the claims for service connection for an acquired psychiatric disorder and hypertension as secondary to an acquired psychiatric disorder due to new evidence submitted by the Veteran.

The Board has decided that the Veteran's sleep apnea is secondary to his service-connected unspecified anxiety disorder with unspecified depressive disorder and remanded for further development.

The Board denied the Veteran's claims for service connection for PTSD, adjustment disorder, anxiety, and depression due to a lack of evidence linking these conditions to his military service.

The Board has determined that the AOJ's decision did not properly address the Veteran's request for an earlier effective date for service connection for anxiety disorder, and thus requires further action.

The Veteran's claim for a nonservice-connected pension was denied because she did not serve the required 24-month minimum period of active duty, and her service treatment records do not show any disability at the time of discharge that would have warranted a discharge.

The Board has granted an earlier effective date of August 28, 2019 for a 70 percent disability evaluation for service-connected acquired psychiatric disorder to include major depressive disorder (previously evaluated as unspecified depressive disorder), anxiety disorder, PTSD and all nervous and/or emotional conditions.

The Board has decided to remand the case due to a duty to assist error, specifically failing to provide a VA examination for sleep apnea. The Veteran's service-connected conditions are claimed as secondary to his current condition.

The Veteran was granted a total disability rating based on individual unemployability (TDIU) due to his service-connected PTSD and prostate cancer residuals, which rendered him unable to secure or follow a substantially gainful occupation.

The Board denied the veteran's request for an effective date prior to May 13, 2020, for the grant of service connection for major depressive disorder and generalized anxiety disorder (acquired psychiatric disorder). The decision found that the March 2019 rating decision was not properly appealed within one year, making it final. Therefore, the effective date is set at May 13, 2020, which is when the supplemental claim was received.

The Board has remanded the case due to insufficient medical opinion regarding the etiology of the Veteran's acquired psychiatric disorder, which includes depression, anxiety, and insomnia. The claim will be reconsidered with a new examination.

New evidence has been submitted that suggests a possible connection between the Veteran's anxiety disorder and his service-connected ankle condition. The claim will be readjudicated to consider this new theory of entitlement.