BVA9410824 DOCKET NO. 93-00 585 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in Buffalo, New York THE ISSUES 1. Entitlement to an increased evaluation for panic disorder, currently rated as 50 percent disabling. 2. Entitlement to a total rating based on individual unemployability due to service-connected disability. REPRESENTATION Appellant represented by: The American Legion ATTORNEY FOR THE BOARD W. H. Wetmore, Counsel INTRODUCTION The veteran served on active duty from June 1951 to June 1955. The Board of Veterans' Appeals (Board) of the Department of Veterans Affairs (VA) remanded this case to the regional office (RO) in April 1993. CONTENTIONS OF APPELLANT ON APPEAL The veteran contends that he is no longer able to work due to his service-connected panic disorder. DECISION OF THE BOARD The Board, in accordance with the provisions of 38 U.S.C.A. § 7104 (West 1991), has reviewed and considered all of the evidence and material of record in the veteran's claims file. Based on its review of the relevant evidence in this matter, and for the following reasons and bases, it is the decision of the Board that the record is in favor of the claim for increase and supports the assignment of a 100 percent evaluation for the service-connected panic disorder. FINDINGS OF FACT 1. The veteran's only service connected disability is the panic disorder. 2. The veteran's panic disorder is shown to produce severe disablement and probably precludes him from securing and following substantially gainful employment. CONCLUSION OF LAW A 100 percent evaluation for panic disorder is warranted. 38 U.S.C.A. §§ 1155, 5107, 7104 (West 1991); 38 C.F.R. §§ 3.102, 4.3, 4.7, 4.16(c), 4.132, Diagnostic Code 9403 (1993). REASONS AND BASES FOR FINDINGS AND CONCLUSION The record reflects that the veteran was initially seen for complaints of a psychiatric nature in April 1952, during service, when the psychiatric impression was mild neurosis. The record reflects that he sought psychiatric treatment again in 1958 and that, while there were some periods when he avoided treatment, he has been seen on an essentially continuous outpatient basis since. (There is no indication that he required hospitalization for psychiatric purposes.) In 1958, there was a question of whether he had a psychotic process. The diagnosis was acute undifferentiated schizophrenic reaction with paranoid features in December 1958. In July 1992, a VA doctor concluded that the proper diagnosis was panic disorder. When the veteran was seen at a VA examination in June 1992, he said he had retired three years earlier because the expectations of teachers had begun to include more interaction with faculty and parents. He discussed his phobias and panic attacks. He complained of sleeplessness and nightmares. He was appropriately dressed and pleasant. He was quite anxious and tense. He was coherent and relevant. He had some vague suicidal ideas. His insight and judgment were fair. The findings were normal otherwise. The diagnoses were severe panic disorder and severe agoraphobia and other phobias. When the veteran was seen at a VA social and industrial survey in April 1993, the interviewer had reviewed the file and opined, after hearing the veteran's work history and recent problems, that he had no choice but to leave teaching because he had become exhausted from anxiety, stress and worry. His wife was contacted and stated that he was more relaxed since he had retired. She did report more disagreements since they were together more. He was able to go to the store occasionally. It was indicated that he was unable to leave the house without his wife. It was concluded that he was no longer able to teach and that his industrial impairment was severe. The mental status examination during a VA examination in May 1993 revealed the veteran to experience impaired sleep, nightmares, an erratic appetite and some panic attacks, even when home. He said he had no social life. His attention span was limited. Concentration, reasoning, insight, judgment and memory were adequate. He was not on any medications. The diagnosis was panic disorder with some agoraphobia and other phobic disorders. The Board places great emphasis on the conclusions of VA examiners who have characterized the degree of the veteran's psychiatric impairment as severe. Moreover, the record reflects the opinion by a VA interviewer in April 1993 that the veteran could no longer teach. The nature of his impairment is such that the Board believes he would be essentially precluded from seeking other employment. It appears that he can not leave his house unless accompanied by his wife and this is an obvious impediment to obtaining new employment. Under these circumstances, the Board finds that a 100 percent evaluation for panic disorder is warranted. ORDER A 100 percent evaluation for panic disorder is granted, subject to the law governing the effective dates of awards. ____________________________ DANIEL J. STEIN (CONTINUED ON NEXT PAG Senate Bill 1904, signed by the President on July 1, 1994, permits a proceeding instituted before the Board to be assigned to an individual member of the Board for a determination. This proceeding has been assigned to an individual member of the Board. 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.