12-28 747
12-28 747
| Board of Vet. App. | Nov 30, 2017Background
- Veteran served 1967–1969; service connection for PTSD with depressive disorder was granted and an initial 30% rating assigned effective November 2009.
- Veteran appealed seeking an increased initial rating greater than 30%; hearing held June 2016; Board remanded December 2016 for a VA psychiatric exam and records; additional VA exam obtained June 2017.
- VA examinations (Mar 2010, Jun 2017) and treatment records documented symptoms including depressed mood, anxiety, irritability, panic attacks, nightmares, hypervigilance, and occasional memory lapses; GAF around 60.
- Evidence showed the Veteran remained independent in self-care, managed finances, drove, ran a business after service, and maintained family relationships (though limited social activity and divorce noted).
- June 2017 VA psychiatrist and prior examiners concluded symptoms produced occupational and social impairment with occasional decreased work efficiency and intermittent inability to perform tasks—consistent with a 30% rating.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Entitlement to an initial disability rating >30% for service‑connected PTSD | PTSD symptoms (panic, nightmares, depression, irritability, isolation, reported suicidal thoughts) cause greater occupational/social impairment warranting 50%+ | Record and VA exams show symptoms consistent with 30% criteria: only occasional decreased efficiency and intermittent inability to perform tasks; functioning generally satisfactory | Denied — rating in excess of 30% not warranted |
Key Cases Cited
- Stegall v. West, 11 Vet. App. 268 (1998) (remand compliance standard)
- Vazquez‑Claudio v. Shinseki, 713 F.3d 112 (2013) (§4.130 is symptom‑driven; must assess symptomatology and resulting impairment)
- Mauerhan v. Principi, 16 Vet. App. 436 (2002) (symptoms listed in §4.130 are illustrative)
- Schafrath v. Derwinski, 1 Vet. App. 589 (1991) (need to consider complete medical history for rating)
- Gilbert v. Derwinski, 1 Vet. App. 49 (1990) (preponderance of evidence standard)
- Massey v. Brown, 7 Vet. App. 204 (1994) (GAF score may be probative of occupational/social impairment)
- Doucette v. Shulkin, 28 Vet. App. 366 (2017) (Board need not address issues not raised by claimant or reasonably raised by record)
