The Veteran's claim for compensation under 38 U.S.C. § 1151 for panic disorder and dysthymic disorder was denied as the VA medical care providers did not act with negligence or carelessness in providing treatment.
The deciding factor: The VA examiner found that there were no objective findings to support an additional back disability resulting from the February 2004 physical therapy consultation, and thus concluded it was less likely than not that the Veteran incurred an additional neuropsychiatric disability as a result of VA medical care in February 2004.
- Claimed conditions
- degenerative disc disease of the spine, panic disorder with dysthymic disorder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- October 26, 2010
- Citation
- 1040190
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. Read the original VA decision (opens in a new tab) using citation 1040190.
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 appeal for an earlier effective date for the award of a TDIU was denied.
- Granted
Service connection for degenerative disc disease of the spine is granted. The evidence was in approximate balance, but the veteran received the benefit of the doubt.
- Granted
The Veteran's claim for service connection for degenerative disc disease of the spine was granted. The Board found that the condition began during his active service between June 2013 and June 2014.
- Dismissed
The Veteran's TDIU claim from September 24, 2021 to the present is dismissed as moot because he already had a 100% schedular rating and SMC at the housebound rate. The one-year period prior to September 24, 2021 for establishing eligibility for SMC was denied due to no single service-connected disability causing unemployability.
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