92 Decision Citation: BVA 92-21266 Y92 BOARD OF VETERANS' APPEALS WASHINGTON, D.C. 20420 DOCKET NO. 91-45 022 ) DATE ) ) ) THE ISSUE Entitlement to an increased evaluation for anxiety neurosis with chronic major depression and panic disorder, severe, currently evaluated as 70 percent disabling. REPRESENTATION Appellant represented by: Disabled American Veterans ATTORNEY FOR THE BOARD L. Jennifer Lane, Associate Counsel INTRODUCTION The veteran served from 1974 to 1976. The matter is currently before the Board of Veterans' Appeals (Board) from an October 1990 rating decision of the Newark, New Jersey, regional office (RO). The veteran's notice of disagreement was received in January 1991, and a statement of the case was issued in May 1991. A substantive appeal was received in July 1991, and the appeal was received and docketed at the Board in October 1991. The case was subsequently referred to Disabled American Veterans, the veteran's representative, and that organization issued an informal hearing presentation in March 1992. CONTENTIONS OF APPELLANT ON APPEAL The veteran asserts that the RO was wrong in denying an increased evaluation for his psychiatric disorder. DECISION OF THE BOARD In accordance with the provisions of 38 U.S.C. § 7104 (1992) following review and consideration of all evidence and material of record in the veteran's claims file, and for the following reasons and bases, it is the decision of the Board that the record supports the assignment of a 100 percent disability evaluation for anxiety neurosis with chronic major depression and panic disorder. FINDINGS OF FACT 1. All relevant evidence necessary for an equitable disposition of the veteran's appeal has been obtained by the RO. 2. The veteran's psychiatric disorder is productive of total social and industrial impairment. CONCLUSION OF LAW The schedular criteria for a 100 percent evaluation for anxiety neurosis with chronic major depression and panic disorder are met. 38 U.S.C. §§ 1155, 5107(a) (1992); 38 C.F.R. Part 4, Code 9400-9410 (1991). REASONS AND BASES FOR FINDINGS AND CONCLUSION We note that the veteran has submitted a well-grounded claim within the meaning of 38 U.S.C. § 5107(a) as it is not implausible. In light of our decision noted above, we also find that the Department of Veterans Affairs (VA) has no further duty to assist the veteran in the development of his claim as mandated by 38 U.S.C. § 5107(a). The history of the veteran's psychiatric disorder may be briefly summarized. The veteran was separated from service with a diagnosis of immature personality disorder. In March 1977, anxiety neurosis with schizoid features was diagnosed at a VA examination. The RO granted service connection for that disorder and assigned a 10 percent disability evaluation under the provisions of Diagnostic Code 9400 of the VA Schedule for Rating Disabilities, 38 C.F.R. Part 4. VA examiners in July 1976 and July 1977 determined that the veteran's psychiatric disorder produced moderate incapacity. In 1981, the Board granted a 30 percent evaluation for anxiety neurosis. A VA examination in September 1986 revealed that the veteran's psychiatric disorder was moderately severe. The most significant evidence with regard to the current claim is the more recent medical evidence. The veteran has continued to seek VA outpatient treatment. He was also hospitalized at a VA medical facility in December 1988, and the primary diagnoses included panic attacks. While there was no history of any such attacks while in the hospital, the veteran reported that the panic attacks occurred more while he was at work when he was stressed. The most persuasive evidence is the conclusion of a VA psychiatrist following examination of the veteran in July 1989. The mental status examination showed that the veteran was chronically distressed and demoralized. His mood was one of anxiety and depression, and his affect was an appropriate reflection of his pervasively dysphoric mood. He had difficulty formulating what he wanted to say and became visibly stressed as he attempted to communicate. His content of thought remained consistently on his chronic misery--his anxiety and depression, his repeated inability to cope with even the simplest job, his low self-worth, his guilt over his failures, and his obvious dependency on his parents. The diagnoses were severe panic disorder with agoraphobia and chronic major depression, and the examiner concluded that the veteran's psychiatric symptoms were totally incapacitating. According to the psychiatrist, the veteran was demonstrably unable to retain employment. Thus, the criteria for a 100 percent evaluation for the veteran's psychiatric disorder have been met. 38 C.F.R. Part 4, Code 9400-9410. Accordingly, the appeal is granted. ORDER The 100 percent evaluation for anxiety neurosis with chronic major depression and panic disorder is granted, subject to the laws and regulations governing the effective dates of monetary awards. BOARD OF VETERANS' APPEALS WASHINGTON, D.C. 20420 WARREN W. RICE, JR. BRUCE E. HYMAN * (Member temporarily absent) *38 U.S.C.A. § 7102(a)(2)(A) (West 1991) permits a Board of Veterans' Appeals Section, upon direction of the Chairman of the Board, to proceed with the transaction of business without awaiting assignment of an additional Member to the Section when the Section is composed of fewer than three Members due to absence of a Member, vacancy on the Board or inability of the Member assigned to the Section to serve on the panel. The Chairman has directed that the Section proceed with the transaction of business, including the issuance of decisions, without awaiting the assignment of a third Member. NOTICE OF APPELLATE RIGHTS: Under 38 U.S.C.A. § 7266 (West 1991), a decision of the Board of Veterans' Appeals granting less than the complete benefit, or benefits, sought on appeal is appealable to the United States Court of Veterans Appeals within 120 days from the date of mailing of notice of the decision, provided that a notice of disagreement concerning an issue which was before the Board was filed with the agency of original jurisdiction on or after November 18, 1988. Veterans' Judicial Review Act, Pub. L. No. 100-687, § 402 (1988). The date which appears on the face of this decision constitutes the date of mailing and the copy of this decision which you have received is your notice of the action taken on your appeal by the Board of Veterans' Appeals.