The veteran's panic disorder with agoraphobia does not meet the criteria for a rating in excess of 30 percent, and his unemployability is not solely due to his service-connected disability. An earlier effective date than May 5, 2005, for an increase in evaluation of the service-connected panic disorder with agoraphobia was granted.
The deciding factor: The veteran's symptoms do not meet the criteria for a higher rating under the applicable diagnostic codes; unemployability is due to factors other than his service-connected disability.
- Claimed conditions
- panic disorder with agoraphobia, specific phobia, heights and elevators
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 2, 2009
- Citation
- 0903508
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.
- Denied
The Board denied an increased rating for major depressive disorder and panic disorder with agoraphobia, finding that the Veteran's symptoms did not meet the criteria for a disability rating in excess of 50 percent.
- Granted
The Board granted service connection for panic disorder with agoraphobia and generalized anxiety disorder, finding that the Veteran's mental disorder began during his active service and is caused by in-service events.
- Granted
The Board granted a 70 percent rating for the Veteran's panic disorder with agoraphobia, finding that the symptoms more closely approximated those required for this rating.
- Remanded (sent back)
The Board remands the claim for an acquired psychiatric disorder to obtain a more adequate medical opinion regarding its etiology.
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