BVA Case 240530-443263: Anxiety

BVAReal Board of Veterans' Appeals decision · April 15, 2025 · R. Bisignani

Outcome
Denied / Remanded
Decision Date
April 15, 2025
Judge
R. Bisignani
Service Era
Not specified

Conditions Claimed

AnxietyPsychiatricKneeHearing LossTinnitusHipHeadacheSkinEye

What would this rating pay you? (2026 rates)

Official 2026 VA monthly compensation, including the 2.8% COLA increase.

per month ·  per year, tax-free

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)
RatingMonthly (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

AnxietyPsychiatricKneeHearing LossTinnitusHipHeadacheSkin

Why It Was Decided This Way

Establishing service connection generally requires (1) evidence of a current disability; (2) evidence of in-service incurrence or aggravation of a disease or injury; and (3) evidence of a nexus between the claimed in-service disease or injury and the present disability.

The Board must assess the credibility and weight of all the evidence, including the medical evidence, to determine its probative value, accounting for the evidence which it finds to be persuasive or unpersuasive, and providing reasons for rejecting any evidence favorable to the claimant.

VA must consider the competency of the lay evidence and cannot outright reject such evidence on the basis that such evidence can never establish a medical diagnosis or nexus.

, the Board must determine whether the claimed disability is a type of disability for which a layperson is competent to provide etiology or nexus evidence.

When there is an approximate balance of positive and negative evidence regarding any issue material to the determination of a matter, the Secretary shall give the benefit of the doubt to the claimant.

In determining whether the general duty to assist requires that a normal VA medical examination be provided, or medical opinion obtained with respect to a veteran's claim for benefits, there are four factors for consideration.

Accordingly, the Board finds that no duty to assist error occurred in failing to afford the Veteran a VA examination of his claimed acquired psychiatric condition.

Accordingly, the present disability element is not satisfied, and the Board need not proceed to the elements of in-service incurrence or nexus.

Authorities Cited

Barr v. NicholsonBuchanan v. NicholsonCaluza v. BrownClain v. NicholsonDalton v. NicholsonGilbert v. DerwinskiGolz v. ShinsekiJandreau v. NicholsonLayno v. BrownLedford v. DerwinskiLendon v. NicholsonOrtiz v. PrincipiRobinson v. PeakeRobinson v. ShinsekiRomanowsky v. ShinsekiSee Colvin v. DerwinskiSee Davidson v. ShinsekiSee Hensley v. BrownSee Lynch v. McSee Masors v. DerwinskiSee Mays v. BrownSee Wallin v. WestShedden v. Principi

Regulations Cited (38 CFR / 38 USC)

38 CFR 17.16138 CFR 20.130338 CFR 20.802 (a)38 CFR 3.10238 CFR 3.15938 CFR 3.159 (c)(4)38 CFR 3.30338 CFR 3.303 (a)38 CFR 3.303 (d)38 CFR 3.38138 CFR 3.381 (a)38 CFR 4.138 CFR 4.15038 USC 111038 USC 1113 (b)38 USC 116838 USC 1168 (a)(2)38 USC 1168(a)(1)38 USC 1168(b)38 USC 1712

Denial Type

Credibility|No Nexus|Duty To Assist

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Referral disclosure: VetAid earns a referral fee if you become a paying REE Medical client through this link — it helps keep this site free. REE Medical provides paid medical evidence; it is not a law firm, VSO, or claims agent, and VetAid has not independently verified its services. VSOs and VA-accredited representatives will help you file your claim at no cost, and no one can guarantee a rating increase.