CAVC Case 23-1785: Anxiety
CAVCReal U.S. Court of Appeals for Veterans Claims (CAVC) decision · 2024-05-31 · BARTLEY, Chief 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
AnxietyBackKneeSleep ApneaRespiratoryArthritis
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Issues on Appeal
Back ConditionService ConnectionReopenKnee ConditionSleep Apnea
Why It Was Decided This Way
The parties specified that the veteran reported to the June 2011 examiner that he wakes up gasping for air and that his spouse has witnessed him stop breathing in his sleep since separation from service and that the Board failed to discuss the probative value of those statements.
In December 2019,the Board denied service connection for sleep apnea and a back disability.
In June 2022,the Board found the March 2022 opinions adequate as to direct service connection and secondary service connection but remanded the claims for addendum opinions as to obesity.
In the resulting July 2022 opinions,the examiner explained that patellofemoral syndrome, panic and generalized anxiety disorders, lumbar spine disability,and sleep apnea are medically 1 In the December 2022 decision on appeal,the Board found that the RO obtained the SSA records,and the veteran does not challenge this finding.
The examiner noted the prior examiners' attribution of spinal arthritis and sleep apnea to obesity and further noted that obesity is a risk factor for both spinal arthritis and sleep apnea,but did not consider it a risk factor equivalent to causation.
In the December 2022 decision on appeal,the Board found that the veteran has a current lumbar spinal disability and that the August 1996 MEB examination report reflected recurrent back pain during service.
However,the Board also found that the veteran's current lumbar spine disability was not related to his in-service back pain and was not proximately due to or aggravated by his service- connected conditions,R.
at 15,and that his sleep apnea is not related to his active service or secondary to a service-connected disability,R.
Authorities Cited
Denial Type
Credibility|Inadequate Exam
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