Citation Nr: 21073564
Decision Date: 12/09/21	Archive Date: 12/09/21

DOCKET NO. 21-00 834
DATE: December 9, 2021

ORDER

Service connection for anxiety disorder is granted.

FINDING OF FACT

The Veteran's anxiety disorder is proximately due to or the result of his service-connected back and bilateral lower extremity radiculopathy disabilities.

CONCLUSION OF LAW

The criteria for service connection for anxiety disorder have been met.  38 U.S.C. §§ 1131, 5107; 38 C.F.R. §§ 3.102, 3.303, 3.310.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty in the United States Army from February 1961 to January 1964.

Service connection for anxiety disorder.

The Veteran seeks service connection for a psychiatric disorder, to include PTSD and anxiety disorder, which he contends is related to his service-connected back disabilities.

Service connection is warranted for a disability that is proximately due to or the result of a service-connected disability.  See 38 C.F.R. § 3.310.

The Veteran has a current diagnosis of unspecified anxiety disorder and he is in receipt of service connection for a back disability, rated 40 percent disabling, and radiculopathy of the lower extremities, rated 10 and 20 percent disabling.  See March 2018 Initial PTSD Disability Benefits Questionnaire (DBQ).  Accordingly, this case turns on whether the Veteran's current anxiety disorder is proximately due to or the result of his service-connected disabilities.

Here, although a February 2018 VA examiner opined that Veteran's diagnosed anxiety disorder is not related to service, the Board finds that examiner's rationale supports the Veteran's claim.  Specifically, the examiner opined that the Veteran's anxiety is related, in part, to his health concerns but did not specify what the health concerns are.  See February 2018 Medical Opinion DBQ. The Veteran states that his health concerns are his service-connected back disability.  See November 23, 2021 Appellate Brief.  The Veteran's February 2020 Back examination supports the Veteran's assertion.  Specifically, it shows that the Veteran's service-connected back disability causes constant pain, radiculopathy in both extremities, and impairs most physical activities.  The examiner further reported that the Veteran's back disability was so severe that he could not perform extension range of motion testing and had a fall in March 2019 that resulted in a fractured his hip.  Id. 

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The Board finds that collectively, the lay and medical evidence establishes that it is at least as likely as not that the Veteran's anxiety disorder is proximately due to or the result of his service connected back and lower extremity disorders.  Accordingly, service connection for anxiety disorder is warranted.

 

 

Joshua Castillo

Acting Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Jordan, Jacquelynn

The Board's decision in this case is binding only with respect to the instant matter decided. This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.