Case 23030073: Anxiety
DecisionVeterans-appeals decision document (court public records) · May 23, 2023 · Unknown
Conditions Claimed
AnxietyPsychiatricBackCervicalHipHeadacheSkinGIEyeFibromyalgia
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 |
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Issues on Appeal
AnxietyPsychiatricBackCervicalHipHeadacheSkinGI
Why It Was Decided This Way
In a June 2022 Court of Appeals for Veterans Claims (Court) Joint Motion for Remand (JMR), the Court vacated the July 2021 decision and remanded the case because the April 2021 examiner did not address the medical literature provided by Veteran's representative in a March 2020 written brief presentation, nor thoroughly addressed the Veteran's contentions regarding the impact of a stress-related psychiatric disorder on her recurring shingles, as well as the effect of any aggravation of her service-connected disabilities on her immune system.
A claimant bears the evidentiary burden to establish all elements of a service connection claim, including the nexus requirement.
When there is an approximate balance of positive and negative evidence regarding any issue material to the determination of a matter, the Secretary gives the benefit of the doubt to the claimant.
Thus, the benefit of the doubt doctrine applies if the competing evidence is in 'approximate balance,' and when the evidence is not in equipoise but nevertheless is in approximate balance.
For direct service connection, the November 2022 examiner reasoned that the Veteran's medical records were silent for complaints of urticaria or shingles while on active duty to create a nexus to the in-service illness, event or injury during service.
Whether a physician provides a basis for his or her medical opinion goes to the weight or credibility of the evidence in the adjudication of the merits.
Additionally, the opinion was also shown to have been based on a review of the Veteran's record and were accompanied by a sufficient explanation as to why the Veteran's skin conditions were not related to service.
The November 2022 examiner found that the Veteran's skin conditions were not related to service, nor to the Veteran's service-connected conditions.
Authorities Cited
Regulations Cited (38 CFR / 38 USC)
Denial Type
Credibility|No Nexus
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