The Board has determined that the reduction in the disability evaluation for panic disorder from 70 percent to 50 percent, effective December 1, 2019, was improper and is void ab initio. The Veteran's service-connected panic disorder with agoraphobia remains at a 70 percent rating.
The deciding factor: The reduction in the disability evaluation for panic disorder from 70 percent to 50 percent was not properly applied as it did not follow the provisions of 38 C.F.R. § 3.344 and considerations in Brown v. West, which require a thorough examination and discussion of whether there is actual improvement in the Veteran's ability to function under ordinary conditions.
- Claimed conditions
- Panic Disorder with Agoraphobia
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 50%
- Decision date
- August 13, 2024
- Citation
- A24045949
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. Look up the original decision on VA.gov (opens in a new tab) using citation A24045949.
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What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Board has restored the Veteran's 100% rating for her psychiatric disabilities, as reducing it to 70% was improper.
- Granted
The Veteran's ratings for right and left shoulder subluxation were restored to 20% effective September 1, 2019.,A staged increased rating of 70% was granted for panic disorder with agoraphobia from March 7, 2019, through October 10, 2022.
- Remanded (sent back)
The Veteran's claims for an acquired psychiatric disorder, upper back disability, and head injury residuals are being remanded due to the need for additional development including VA examinations.
- Granted
The Veteran's service-connected PTSD, panic disorder with agoraphobia, and depressive disorder have rendered him unable to secure or follow a substantially gainful occupation.
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