09-15 104, 09-15 104

Veteran served active duty 1965–1968, Vietnam veteran with Combat Infantryman Badge; appealed VA RO St. Petersburg decisions on PTSD and TDIU ratings.
Prior proceedings: Board remands (2012, 2014), Court-ordered joint remand (Oct 2014) vacating part of Feb 2014 Board decision; remand work continued and development completed.
Medical/lay evidence shows chronic PTSD with impaired impulse control, intense anger, conflicts with coworkers, suicidal ideation, nightmares, flashbacks, night terrors, and sleepwalking; removal from civil service for inability to work with others.
VA examinations and a private vocational assessment of record; most recent VA exam was Sept 2014.
Board found evidence supports at least occupational and social impairment consistent with a 70% PTSD rating and that evidence is in equipoise regarding ability to obtain/maintain substantially gainful employment.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Initial increased rating >50% for PTSD	Veteran argued PTSD causes severe occupational/social impairment warranting >50% (seeking >70% or higher)	VA/RO previously denied >50% for earlier periods; disputed severity and whether total impairment exists	Granted a 70% rating for the period on appeal; further development ordered to determine if >70% is warranted
TDIU (total disability based on individual unemployability)	Veteran argued unable to obtain/maintain substantially gainful employment due to service-connected PTSD and related impairments	VA/RO previously had not awarded TDIU; questioned whether service-connected disabilities preclude substantially gainful employment	TDIU granted on a schedular basis (met §4.16(a)); evidence in equipoise supports inability to secure/maintain substantially gainful work

Kutscherousky v. West, 12 Vet. App. 369 (1999) (veteran’s right to submit additional evidence and argument on remand)