The VA reduced the veteran's disability evaluation from a 100% to a 10%, but this decision is void ab initio due to procedural errors, and the rating is restored.
The deciding factor: The RO failed to consider whether the reduction was proper due to the veteran's failure to report for examination, which could have been considered if he had presented good cause or additional evidence.
- Claimed conditions
- panic disorder with agoraphobia, tension headaches
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- May 13, 2002
- Citation
- 0204411
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Search VA.gov for the original decision (opens in a new tab) using citation 0204411.
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board has determined that additional development is needed for the claims on appeal, including obtaining any outstanding treatment records and scheduling VA examinations to assess the current severity of service-connected disabilities. The Veteran's representative also requested reevaluation of his service-connected disabilities.
- Dismissed
The Veteran's appeals for service connection for asthma and a 10 percent rating based on multiple noncompensable service-connected disabilities were dismissed. The claim of entitlement to a compensable rating for eczema was denied, while the claim of entitlement to allergic rhinitis was not addressed as it pertained to different issues.
- Granted
The Board has granted the Veteran's claim for service connection for headaches as secondary to his service-connected sleep apnea, tinnitus, cervical spine disability, and GERD. The decision is based on a finding of relative equipoise between the conflicting opinions regarding causation.
- Remanded (sent back)
The Board has found that additional VA opinions are needed to address the nature and etiology of the Veteran's dizziness, including benign paroxysmal positional vertigo, and tension headaches, including migraines. The opinions should consider the Veteran's participation in a TERA and the combined effect of all his service-connected disabilities.
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