Entitlement to an initial 70 percent disability rating, but no higher, for generalized anxiety disorder with persistent depressive disorder and insomnia is granted.

Citation Nr: A26069994 Decision Date: 07/30/26 Archive Date: 07/30/26 DOCKET NO. 250801-570380 DATE: July 30, 2026 ORDER Entitlement to an initial 70 percent disability rating, but no higher, for generalized anxiety disorder with persistent depressive disorder and insomnia is granted. FINDING OF FACT Resolving doubt in favor of the Veteran, the Veteran's generalized anxiety disorder with persistent depressive disorder and insomnia was manifested by symptoms productive of functional impairment comparable to occupational and social impairment with deficiencies in most areas. CONCLUSIONS OF LAW The criteria for an initial 70 percent rating, but no higher, for generalized anxiety disorder with persistent depressive disorder and insomnia have been met. 38 U.S.C. §§ 1155, 5107; 38 C.F.R. §§ 4.1, 4.3, 4.7, 4.126, 4.130, Diagnostic Code 9433. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served in the United States Navy from September 1987 to September 1991 and from September 1991 to April 1993. This matter comes to the Board of Veterans' Appeals (Board) on appeal from a July 2025 rating decision issued by a Department of Veterans Affairs (VA) Regional Office, the agency of original jurisdiction (AOJ). In the August 2025 VA Form 10182, Decision Review Request: Board Appeal (Notice of Disagreement), the Veteran elected the Direct Review docket. Therefore, the Board may only consider the evidence of record at the time of the August 2024 agency of original jurisdiction (AOJ) decision, which was subsequently subject to higher-level review. 38 C.F.R. § 20.301. If evidence was submitted during the period after the AOJ issued the decision, which was subsequently subject to higher-level review, the Board did not consider it in its decision. 38 C.F.R. §§ 20.300, 20.301, 20.801. If the Veteran would like VA to consider any evidence that was submitted that the Board could not consider, the Veteran may file a Supplemental Claim (VA Form 20-0995) and submit or identify this evidence. 38 C.F.R. § 3.2501. If the evidence is new and relevant, VA will issue another decision on the claim, considering the new evidence in addition to the evidence previously considered. Id. Specific instructions for filing a Supplemental Claim are included with this decision. Increased Ratings Disability evaluations are determined by comparing a veteran's present symptomatology with criteria set forth in VA's Schedule for Rating Disabilities (Rating Schedule), which is based on average impairment in earning capacity. See 38 U.S.C. § 1155; 38 C.F.R. Part 4. When a question arises as to which of two ratings applies under a particular diagnostic code, the higher rating is assigned if the disability more nearly approximates the criteria for the higher rating. See 38 C.F.R. § 4.7. Otherwise, the lower rating will be assigned. Id. After careful consideration of the evidence, any reasonable doubt remaining is resolved in favor of the veteran. See 38 C.F.R. § 4.3. The veteran's entire history is reviewed when making disability ratings. See generally 38 C.F.R. § 4.1; Schafrath v. Derwinski, 1 Vet. App. 589 (1995). Where entitlement to compensation already has been established and an increase in the disability rating is at issue, it is the present level of disability that is of primary concern. See Francisco v. Brown, 7 Vet. App. 55, 58 (1994). Separate ratings can be assigned for separate periods based on the facts found - a practice known as "staged" ratings. Fenderson v. West, 12 Vet. App. 119 (1999); Hart v. Mansfield, 21 Vet. App. 505 (2007). Staged ratings are appropriate whenever the factual findings show distinct periods where the service-connected disability exhibits symptoms that would warrant different ratings. Id. In making all determinations, the Board must fully consider the lay assertions of record. A layperson is competent to report on the onset and recurrence of their symptoms. See Layno v. Brown, 6 Vet. App. 465, 470 (1994) (a veteran is competent to report on that of which he or she has personal knowledge). Any reasonable doubt regarding the degree of disability should be resolved in favor of the claimant. 38 C.F.R. § 4.3. Where there is a question as to which of two evaluations shall be applied, the higher rating will be assigned if the disability picture more nearly approximates the criteria required for that evaluation. Otherwise, the lower rating will be assigned. 38 C.F.R. § 4.7. The Board notes that it has reviewed all the evidence in the record relevant to the period on review. This includes VA treatment records and examinations, and lay statements. Although the Board has an obligation to provide adequate reasons and bases supporting its decision, there is no requirement that the Board discuss every piece of evidence in the record. Hence, the Board will summarize the relevant evidence, as deemed appropriate, and the Board's analysis will focus on what the evidence shows, or fails to show, as to the claims. See Gonzalez v. West, 218 F.3d 1378, 1380-81 (Fed. Cir. 2000). 1. Entitlement to an initial rating in excess of 50 percent for generalized anxiety disorder with persistent depressive disorder and insomnia. The Veteran is seeking a higher rating because he contends that his generalized anxiety disorder with persistent depressive disorder and insomnia is worse than currently rated. Under the General Formula for Mental Disorders (General Formula), the Board must conduct a "holistic analysis" that considers all associated symptoms, regardless of whether they are listed as criteria. Bankhead v. Shulkin, 29 Vet. App. 10, 22 (2017); 38 C.F.R. § 4.130. The Board must determine whether unlisted symptoms are similar in severity, frequency, and duration to the listed symptoms associated with specific disability percentages. Then, the Board must determine whether the associated symptoms, both listed and unlisted, caused the level of impairment required for a higher disability rating. Vazquez-Claudio v. Shinseki, 713 F.3d 112, 114-118 (Fed. Cir. 2013). A 50 percent rating is assigned when symptoms such as flattened affect; circumstantial, circumlocutory, or stereotyped speech; panic attacks more than once a week; difficulty in understanding complex commands; impairment of short and long-term memory (e.g., retention of only highly learned material, forgetting to complete tasks); impaired judgment; impaired abstract thinking; disturbances of motivation and mood; or difficulty in establishing and maintaining effective work and social relationships cause occupational and social impairment with reduced reliability and productivity. A 70 percent rating is assigned when symptoms such as suicidal ideation; obsessional rituals which interfere with routine activities; intermittently illogical, obscure, or irrelevant speech; near-continuous panic or depression affecting the ability to function independently, appropriately and effectively; impaired impulse control (such as unprovoked irritability with periods of violence); spatial disorientation; neglect of personal appearance and hygiene; difficulty in adapting to stressful circumstances (including work or a worklike setting); or inability to establish and maintain effective relationships cause occupational and social impairment with deficiencies in most areas, such as work, school, family relations, judgment, thinking, or mood. A 100 percent rating is assigned for total occupational and social impairment, due to such symptoms as: gross impairment in thought processes or communication; persistent delusions or hallucinations; grossly inappropriate behavior; persistent danger of hurting self or others; intermittent inability to perform activities of daily living (including maintenance of minimal personal hygiene); disorientation to time or place; or memory loss for names of close relatives, own occupation or own name. Based on the evidence on appeal, the Veteran's disability has been manifested by occupational and social impairment with deficiencies in most areas. See October 2022 VA examination. The Veteran's symptoms include depressed mood, anxiety, suspiciousness, chronic sleep impairment, impairment of short term and long term memory, impaired judgement, disturbances of motivation and mood, difficulty in establishing and maintaining effective work and social relationships, difficulty in adapting to stressful circumstances, including work or a work like setting, inability to establish and maintain effective relationships, and impaired impulse control, such as unprovoked irritability with periods of violence. As such, after resolving all doubt in favor of the Veteran, the Board finds that an initial rating of 70 percent is warranted. However, the evidence of record for the period on appeal fails to show that the Veteran exhibited symptoms indicative of total occupational and social impairment, due to such symptoms as: gross impairment in thought processes or communication; persistent delusions or hallucinations; grossly inappropriate behavior; persistent danger of hurting self or others; intermittent inability to perform activities of daily living (including maintenance of minimal personal hygiene); disorientation to time or place; or memory loss for names of close relatives, own occupation or own name. Additionally, although the Veteran and his family have had some issues, he is currently married to his fifth wife for the past 10 years, and he has a good relationship with his parents but does not speak with his siblings as much. The Veteran reported that he keeps in touch with a few friends on social media and has some friends from work, but he is not very socially active. He reported that he was employed from 1994 to 2023 in the automotive sales industry and had to leave that job because he was easily distracted and had difficulty with focus due to his anxiety. However, he reported that he also owned his own property management company since 2022 and reported no problems on the job. Therefore, a 100 percent disability evaluation is not warranted. Therefore, resolving doubt in favor of the Veteran, the Board finds the Veteran's disability picture most nearly approximates the criteria for a 70 percent rating, but no higher. Lynch v. McDonough, 21 F.4th 776 (Fed. Cir. 2021). D. SMART Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Poston, M. 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.