BVA Case 22-4895: Anxiety

A VA examiner in October 2013 concluded that the appellant's adjustment disorder with mixed anxiety and depressed mood was less likely than not related to service.

The Board acknowledged the September 2019 private physician's favorable nexus opinion but found that the physician had not provided adequate rationale for his conclusions.

The Board determined that the appellant's remaining claims and his request for TDIU were inextricably intertwined with his claim for benefits for a back disability,and therefore the Board remanded those matters as well.

Accordingly,the examiner concluded, a nexus exists between the primary pain condition and the secondary mental health condition.

She concluded,however,that the appellant's conditions were less likely than not related to his reported falls from a bunk bed in service, and she provided the following explanation: [The appellant]was in the Air Force from January 1977 [to]Jan[uary]1978.

In December 2021,the Board remanded the appellant's claims,finding that,although the October 2020 VA examiner had provided a negative nexus opinion,her rationale relied on the fact that there was no spinal condition diagnosed during the [appellant's]military service, and [a]medical examiner 'cannot rely on the absence of medical records corroborating that injury to conclude that there is no relationship between the appellant's current disability and his military service.

Turning to his claim for benefits for an acquired psychiatric disability,the appellant contends that the Board either failed to consider direct service connection or failed to adequately explain why direct service connection was not warranted.

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.