11-34 281
11-34 281
| Board of Vet. App. | Nov 29, 2013Background
- The Veteran served in the US Marine Corps from July 1965 to May 1969.
- Claim at issue sought disability rating in excess of 50 percent for PTSD with alcohol dependence, on appeal from a 2011 VA RO decision increasing from 30% to 50% (effective Nov. 24, 2010).
- PTSD is rated under 38 C.F.R. § 4.130, Diagnostic Code 9411; the February 2011 VA compensation examination documented reduced reliability and productivity with moderate PTSD symptoms.
- VA hospital/treatment records in 2011 show variable PTSD symptoms, alcohol use issues, and a temporary hospitalization with GAF scores ranging from 29 to 45.
- The Board found the PTSD picture consistent with occupational and social impairment with reduced reliability and productivity (50%), but not to the level of 70% or 100% based on the evidence.
- The Board determined no extraschedular referral or TDIU was warranted; acknowledged some depressive/anxiety symptoms but found the veteran remained employed and socially functional overall.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| PTSD rating in excess of 50% | Veteran seeks higher disability rating for PTSD. | VA/Board found 50% appropriate given reduced reliability and productivity, not deficiencies in most areas. | Disability rating remains at 50%; higher rating denied. |
Key Cases Cited
- Vazquez-Claudio v. Shinseki, 713 F.3d 112 (Fed. Cir. 2013) (GAF scores do not mandate a 100% evaluation)
- Mauerhan v. Principi, 16 Vet. App. 436 (2002) (symptom-based approach to rating mental disorders)
- Francisco v. Brown, 7 Vet. App. 55 (1994) (consider evidence dating from relevant period)
- Esteban v. Brown, 6 Vet. App. 259 (1994) (distinct and separate symptomatology for separate ratings)
- Stefl v. Nicholson, 21 Vet. App. 120 (2007) (adequacy of medical examination reports)
- Barr v. Nicholson, 21 Vet. App. 303 (2007) (properly addressing medical opinions in rating determinations)
- Carpenter v. Brown, 8 Vet. App. 240 (1995) (consideration of GAF scores in mental health evaluations)
- Gonzales v. West, 218 F.3d 1378 (Fed. Cir. 2000) (federal appellate considerations on rating criteria)