CAVC Case 19-9098: Anxiety
CAVCReal U.S. Court of Appeals for Veterans Claims (CAVC) decision · 2019-09-24 · MEREDITH, Judge
This is a decision of the U.S. Court of Appeals for Veterans Claims — the federal court that reviews Board of Veterans' Appeals decisions, one level above the Board. Court decisions can vacate, reverse, or affirm what the Board did.
Official 2026 VA monthly compensation, including the 2.8% COLA increase.
Dependent add-ons start at a 30% rating. Child-only and dependent-parent rates: see the full 2026 pay chart.
2026 base rates, all ratings (veteran alone)
| Rating | Monthly (2026, incl. 2.8% COLA) |
|---|---|
| 10% | $180.42 |
| 20% | $356.66 |
| 30% | $552.47 |
| 40% | $795.84 |
| 50% | $1,132.90 |
| 60% | $1,435.02 |
| 70% | $1,808.45 |
| 80% | $2,102.15 |
| 90% | $2,362.30 |
| 100% | $3,938.58 |
Conditions Claimed
AnxietyCervicalHearing LossHeartRadiculopathy
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Issues on Appeal
Service ConnectionHearing Loss
Why It Was Decided This Way
VA afforded the appellant a medical examination in May 2011;the examiner opined that the appellant's history of noise exposure has no bearing on the diagnosis of Menier[e]'s disease and concluded that his Meniere's disease was less likely than not related to service.
85,86 (1992),the appellant asserts that,regarding his heart condition,the May 2017 VA examiner provided an inadequate nexus opinion because it was based on speculation.
2 He also suggests that the Board's reasons or bases for denying benefits are inadequate because the Board found him not competent to provide an opinion on a complex medical question but permitted him to discuss his family history of cardiac arrhythmia with the VA examiner.
Finally,the appellant argues that VA failed to consider his entitlement to benefits for anxiety secondary to Meniere's disease and that the Board overlooked evidence that he had submitted in support of his claim.
Relevant Law Establishing that a disability is service connected for purposes of entitlement to VA disability compensation generally requires medical or,in certain circumstances,lay evidence of (1)a current disability, (2)incurrence or aggravation of a disease or injury in service,and (3)a nexus between the claimed in-service injury or disease and the current disability.
Under certain circumstances,and as part of its duty to assist claimants,VA must provide a medical examination.
Whether the record establishes entitlement to service connection and whether a medical examination or opinion is adequate are findings of fact,which the Court reviews under the clearly erroneous standard.
A finding of fact is clearly erroneous when the Court,after reviewing the entire evidence, is left with the definite and firm conviction that a mistake has been committed.
Authorities Cited
Denial Type
Credibility|No Nexus|Duty To Assist|Inadequate Exam
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