09-16 286
09-16 286
| Board of Vet. App. | Aug 28, 2017Background
- Veteran served in U.S. Army during the Vietnam era (active duty 1966–1969; 1969–1972).
- Claim on appeal from RO rating decisions beginning June 2007; Board remanded in 2015 for additional development; VA granted 70% effective March 22, 2012, and 50% prior to that.
- Primary diagnosis: schizophrenia, paranoid type, rated under 38 C.F.R. § 4.130, DC 9201.
- Medical records and VA exams (2007–2016) show persistent symptoms controlled, in large part, by Risperidone: social withdrawal, impaired judgment/abstract thinking, memory problems, sleep disturbance, irritability, and avoidance of work; no persistent delusions/hallucinations or gross impairment after 2012.
- Employment history: last worked 2005–2006 (quit due to symptoms); individual unemployability granted in 2011 for a heart condition.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| 1) Increased rating >50% for schizophrenia prior to Mar 22, 2012 | Veteran: symptoms have increased; seeks higher rating | VA: record shows occupational/social impairment with reduced reliability/productivity but not the "deficiencies in most areas" required for 70% | Denied — 50% rating is supported prior to Mar 22, 2012 |
| 2) Increased rating >70% for schizophrenia from Mar 22, 2012 | Veteran: March 2012 exam and subsequent records show worsening symptoms warranting >70% | VA: from Mar 22, 2012 symptoms cause deficiencies in most areas supporting 70% but not total occupational/social impairment required for 100% | Denied — 70% is appropriate from Mar 22, 2012; no 100% entitlement |
Key Cases Cited
- Scott v. McDonald, 789 F.3d 1375 (Fed. Cir. 2015) (VCAA notice and assistance issues)
- Fenderson v. West, 12 Vet. App. 119 (Vet. App. 1999) (stage ratings for distinct periods)
- Vazquez-Claudio v. Shinseki, 713 F.3d 112 (Fed. Cir. 2013) (must demonstrate particular symptoms or similar severity to meet rating criteria)
- Mauerhan v. Principi, 16 Vet. App. 436 (Vet. App. 2002) (rating criteria examples are illustrative, not exhaustive)
- Schafrath v. Derwinski, 1 Vet. App. 589 (Vet. App. 1991) (review of record for rating purposes)