Is Your Anxiety Claim Denied By VA? Here Is How To File An Appeal

Disability compensation may be offered by the Department of Veterans Affairs (VA) to veterans who undergo panic attacks triggered by fear. Identifying anxiety disorders can be challenging, and symptoms may not appear until a veteran has completed their active duty.

In case your anxiety claim has been denied previously, you have the option to file an appeal challenging the VA's decision.

Anxiety Disorders Eligible For Disability Compensation

Anxiety disorder can manifest differently from person to person, but it is commonly characterized by persistent and excessive feelings of fear or worry. The VA may provide compensation for the following diagnoses:

• Generalized anxiety disorder
• Phobias
• Obsessive-Compulsive Disorder
• Panic Disorder or agoraphobia
• PTSD

The rating system outlined in 38 CFR §4.130 is used to assess anxiety disorders and other mental health conditions. The severity of these conditions is rated on a scale from 0 to 100 percent disability by the VA.

Moreover, ratings below 100 percent can still result in a total disability rating based on individual unemployability (TDIU), depending on the symptoms of the condition.

VA's Requirements For Anxiety Disorder Claims

To make anxiety claims, veterans must show the VA that their psychological condition has been formally diagnosed and directly linked to their active-duty service. Furthermore, medical records indicating the severity of the disease can be used to support the level of disability warranted.

Veterans can establish entitlement to service connection by referring to service records from the time they first noticed their psychological symptoms while on active duty. Counseling records, lay statements or records of job changes may also be helpful.

Additionally, VA or private medical records can sufficiently document current feelings of fear or anxiety. However, if your anxiety claim is still denied, you can appeal to challenge the VA's decision with this evidence.

How Veterans Appeal VA's Decision?

You have one year from the date of the notification letter to appeal the VA's initial decision on your VA disability claim application. It is important to note that the narrative explanation of the reasons for their decision may carry a different date. However, the notification letter date sets your deadline for appealing.

You can choose from three decision review (appeal) pathways, depending on the aspect you wish to have reviewed. These pathways are as follows:

Higher-Level Review

If you desire a review by a more experienced examiner, you can opt for a Higher-Level Review. This pathway allows you to bring attention to information already present in the file that might have been improperly overlooked or disregarded.

The Decision Review Request: Higher-Level Review (VA Form 20-0996) is the form required for a Higher-Level Review.

Supplemental Claim Appeal

A Supplemental Claim Appeal may be suitable if you have new, relevant, and necessary evidence that should be added to the initial claim file. The Decision Review Request: Supplemental Claim (VA Form 20-0995) is the form required for a Supplemental Claim.

Board Appeal

Choosing a Board Appeal allows you to have an expert Veterans Law Judge at the Board of Veterans' Appeals who will review the file.

In some cases, the decision-maker may need to interact with the veteran, either in person or virtually, to ask questions and evaluate the situation. You have the option to appeal an in-person hearing in Washington, DC, or have the hearing conducted via videoconference (at home or the nearest VA office).

The required form for a Board Appeal is the Decision Review Request: Board Appeal (VA Form 10182).

Even if you don't get a favorable decision in your first appeal, there are more chances to add new information and pursue additional appeals. Persist until the VA makes the correct decision.