The veteran's service connection claim for poly-substance dependence was denied. The appeal regarding his anxiety disorder, not otherwise specified (NOS), with depressive features and claustrophobia is partially granted, but the initial disability rating in excess of 70 percent beginning March 28, 2007, remains denied.
The deciding factor: The veteran's current symptoms do not meet or approximate the criteria for a higher evaluation under any applicable diagnostic code.
- Claimed conditions
- Poly-substance dependence, Anxiety disorder, not otherwise specified (NOS)
- How they argued it
- Not specified
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- December 8, 2008
- Citation
- 0842046
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 0842046.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Partly granted
The Board granted service connection for radiculopathy of the right and left lower extremities as secondary to a service-connected lumbar strain, but denied higher ratings for lumbar strain, left knee patellofemoral syndrome, and anxiety disorder, NOS.
- Whole decision: Remanded (sent back)
The Veteran seeks earlier effective dates for the grant of service connection for anxiety disorder NOS, left knee strain with osteoarthritis, and left ankle strain with degenerative arthritis. The Board finds that an updated VA examination is necessary to correct a pre-decisional duty to assist error.,The Veteran also seeks increased ratings for his service-connected anxiety disorder NOS, left knee strain with osteoarthritis, and left ankle strain with degenerative arthritis. The Board finds that a new VA examination is necessary to determine the current level of severity of these disabilities.
- Whole decision: Remanded (sent back)
The Board has granted a 100 percent evaluation for anxiety disorder prior to December 9, 2016. The case is being remanded for further development regarding the issues of an increased rating and TDIU.
- Whole decision: Denied
The Board denied a rating in excess of 70 percent for major depressive disorder with anxiety disorder, but remanded the issue of entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.
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