13-21 943
13-21 943
| Board of Vet. App. | Jun 30, 2017Background
- Veteran served 1950–1953 and is service-connected for schizophrenia (rated 50%) and a noncompensable right fifth metacarpal fracture; he applied in January 2011 for an increased rating for schizophrenia and later raised TDIU.
- VA provided a March 2011 mental health examination (GAF 70) finding mild symptoms, intact memory/judgment/insight, and no delusions or hallucinations; examiner concluded symptoms did not interfere with occupational or social functioning.
- VA treatment records through 2013 show intermittent adjustment/depressive symptoms after a 2012 MVA, but generally euthymic mood, social engagement (church, relationships), and no hospitalization or marked functional deficits.
- Veteran submitted lay statements reporting worsening and financial hardship but declined a December 2016 VA examination offered on remand.
- The Board reviewed the record, found the evidentiary development adequate, and concluded the 50% schedular rating accurately reflects the disability; it also denied extraschedular referral and TDIU.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Entitlement to >50% rating for schizophrenia | Veteran: psychiatric symptoms worse than reflected in March 2011 exam; functional impairments not externally obvious | VA/Board: medical and treatment records show only mild-to-moderate symptoms (GAF 70), functioning maintained in social settings; no evidence meeting 70%/100% criteria | Denied — 50% rating affirmed (symptoms do not meet criteria for 70% or 100%) |
| Entitlement to TDIU | Veteran: service-connected schizophrenia renders him unable to secure/ follow substantially gainful employment | VA/Board: combined service-connected rating 50% (below schedular thresholds) and medical record does not show unemployability due solely to service-connected conditions | Denied — neither schedular nor extraschedular TDIU warranted |
Key Cases Cited
- Mauerhan v. Principi, 16 Vet. App. 436 (explains §4.130 symptom examples are illustrative and all symptoms affecting occupational/social impairment must be considered)
- Vazquez‑Claudio v. Shinseki, 713 F.3d 112 (Fed. Cir.) (requires showing particular symptoms associated with a rating or others of similar severity/frequency/duration)
- Rice v. Shinseki, 22 Vet. App. 447 (VA must consider TDIU when evidence reasonably raises unemployability issue)
- Thun v. Peake, 22 Vet. App. 111 (three-step extraschedular analysis)
- Hart v. Mansfield, 21 Vet. App. 505 (staged ratings when distinct time periods warrant different evaluations)
- Woehlaert v. Nicholson, 21 Vet. App. 456 (lay evidence vs. medical complexity — competency limits)
- Carpenter v. Brown, 8 Vet. App. 240 (GAF scores relevant as part of overall disability picture)
- Gonzales v. West, 218 F.3d 1378 (no need to discuss every piece of record evidence in detail)
- Hatlestad v. Brown, 5 Vet. App. 524 (central inquiry for TDIU is whether service‑connected disabilities alone produce unemployability)
- Norris v. West, 12 Vet. App. 413 (TDIU is an alternate way to obtain total disability absent a 100% schedular rating)
- Gilbert v. Derwinski, 1 Vet. App. 49 (benefit‑of‑the‑doubt standard and its application)
- Ortiz v. Principi, 274 F.3d 1361 (addressing evaluation and benefits standards)
- Stegall v. West, 11 Vet. App. 268 (Board’s duty to ensure compliance with remand instructions)
