The Board remands the claim for an acquired psychiatric disorder, to include panic disorder and adjustment disorder with anxiety, as a remand is warranted in order to correct a pre-decisional duty to assist error and obtain an adequate etiological opinion.
The deciding factor: The examiner did not adequately explain why unexpected panic attacks would suggest the panic attacks were not consequent of hearing loss or tinnitus, and did not offer an opinion regarding the aggravation prong of secondary service connection.
- Claimed conditions
- adjustment disorder with anxiety, panic disorder
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 6, 2025
- Citation
- A25011065
Veterans Law Judge
Decisions by this judge: 3,038 · Granted: 30% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation A25011065.
What this means for you
A remand is not a loss. The Board sent the case back for more development — often a new exam or missing records — before making a final decision. Many remands later end in a grant, and the decision spells out exactly what the Board wanted to see.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Board has granted service connection for the cause of the Veteran's death, finding that side effects from prescribed medications contributed substantially and materially to his accidental motorcycle collision resulting in fatal injuries.
- Remanded (sent back)
The Board has remanded the case due to a duty-to-assist error and will consider service connection for an acquired psychiatric disorder, including major depressive disorder and adjustment disorder with anxiety.
- Remanded (sent back)
The Board has remanded the case due to deficiencies in the record existing prior to the appealed decision, including inadequate VA examinations and failure to obtain a toxic exposure risk activity (TERA) opinion for sleep apnea. The Veteran's representative raised concerns about the adequacy of previous opinions and the need for additional development.
- Denied
The Board denied the Veteran's claims for higher initial ratings for hemorrhoids, irritable bowel syndrome (IBS), and adjustment disorder with anxiety. The rating decisions were based on the evidence of record at the time of the decisions.
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