Case 23063057: Anxiety
DecisionVeterans-appeals decision document (court public records) · November 29, 2023 · Unknown
Conditions Claimed
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
AnxietyCervicalSkinArthritis
Why It Was Decided This Way
Additionally, the Board denied entitlement to service connection for vertigo and dismissed the increased rating claim for a residual scar, status post scalp laceration.
Additionally, the statement of reasons and bases for the service-connected cervical spine disability was inadequate because it failed to address whether there was evidence of worsening of the condition before September 14, 2019.
Regarding the service connection claim for vertigo, the Court found the Board failed to properly analyze the evidence and provide an adequate statement of reasons or bases for its decision.
The Board found both the April 2013 and August 2014 VA opinions were probative, agreeing with the examiners that the record showed a one-time diagnosis of vertigo or an implicit finding of no current diagnosis.
Additionally, the Board found even if it were to concede a current diagnosis, the evidence did not support a nexus.
However, the Court found the April 2013 examiner provided no rationale whatsoever on whether there was a nexus between the Veteran's service and vertigo and the August 2014 opinion when read as a whole was based on the finding that the Veteran did not have vertigo.
The Board erred when it denied service connection based on a lack of nexus and at the very least should have ordered a medical examination to address nexus for the conceded vertigo.
Nexus opinions regarding direct service connection for the Veteran's benign paroxysmal positional vertigo (BPPV) were received in April and September 2023.
Authorities Cited
Regulations Cited (38 CFR / 38 USC)
Denial Type
No Nexus|Inadequate Exam|Rating Criteria
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