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16-19 202
16-19 202
| Board of Vet. App. | Jul 28, 2017
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Background

  • Veteran served in the Navy (Apr 1998–Mar 2000) and appealed VA RO rating decisions from Aug 2015 challenging: (1) initial 70% rating for panic disorder with anxiety, sleep disturbance, and depression, and (2) initial 0% rating for allergic rhinitis.
  • Board remanded and there was subsequent development; Board found substantial compliance with remand and proceeded to decide the two claims.
  • Panic disorder was rated under DC 9412 (70% initially); Veteran sought a 100% rating effective from the claim date (Dec 9, 2013).
  • Allergic rhinitis was rated under DC 6522 (0% initially); claimant sought a compensable rating effective from claim date (Oct 25, 2014).
  • VA medical exams, treatment records, lay statements, and a mental-health symptom checklist were the main evidence considered.
  • Board concluded VA satisfied VCAA and duty to assist; no additional outstanding obtainable evidence was identified.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Whether panic disorder merits an initial rating >70% (i.e., 100%) Veteran asserts symptoms (including reports of delusions/hallucinations, memory problems) justify total occupational/social impairment (100%). VA argues record lacks symptoms listed for 100% (gross thought impairment, persistent delusions/hallucinations, disorientation, memory loss of close relatives/own name, danger to self/others). Denied — evidence does not show the level of impairment required for 100%; 70% rating upheld.
Whether allergic rhinitis warrants an initial compensable rating (>0%) Veteran contends rhinitis causes obstructive symptoms warranting at least a 10% rating. VA contends exams and imaging show no >50% bilateral obstruction, no complete unilateral obstruction, and no polyps, so only 0% is appropriate. Denied — record shows no requisite obstruction or polyps for a compensable rating; 0% rating upheld.

Key Cases Cited

  • Manlincon v. West, 12 Vet. App. 238 (procedural remand/SOC requirements)
  • Stegall v. West, 11 Vet. App. 268 (remand requires compliance with Board instructions)
  • D'Aries v. Peake, 22 Vet. App. 97 (substantial compliance standard)
  • Mauerhan v. Principi, 16 Vet. App. 436 (symptom examples under §4.130 are illustrative; need showing of listed or similar symptoms)
  • Vazquez-Claudio v. Shinseki, 713 F.3d 112 (must demonstrate symptoms corresponding to rating criteria)
  • Gilbert v. Derwinski, 1 Vet. App. 49 (preponderance of evidence/benefit of the doubt standard)
  • Doucette v. Shulkin, 28 Vet. App. 366 (extraschedular referral standard)
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Case Details

Case Name: 16-19 202
Court Name: Board of Veterans' Appeals
Date Published: Jul 28, 2017
Docket Number: 16-19 202
Court Abbreviation: Board of Vet. App.