The Veteran's initial increased rating claims for panic disorder with agoraphobia and mild multilevel spondelotic disease of the lumbar spine were denied, as the evidence did not support a higher rating than that already assigned.
The deciding factor: The Board found that the symptomatology necessary for a higher rating was not documented in the record prior to May 28, 2004, and since then, while there is documentation of panic attacks, the Veteran's overall functioning did not meet the criteria for a higher rating under the General Rating Formula for Mental Disorders.
- Claimed conditions
- panic disorder with agoraphobia, mild multilevel spondelotic disease of the lumbar spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 26, 2009
- Citation
- 0907158
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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