13-27 494, 13-27 494

Veteran served 1963–1976; service connection for PTSD granted Dec 7, 2010 (initial 10%), increased to 30% in July 2013, and to 70% effective Jan 16, 2015.
Appeal to BVA from RO ratings; Board remanded in May 2015 for development; VA exams through June 2015 relied on DSM‑IV criteria (appeal pending before Aug 4, 2014 rule change).
Medical records and VA exams consistently documented chronic sleep impairment, nightmares, irritability, social withdrawal, and preserved insight/judgment; functioning included continued volunteering and positive family relationships through most of the period.
June 2015 VA examiner assessed occupational and social impairment with reduced reliability and productivity (consistent with a 50% level) but concluded veteran could work independently; RO awarded 70% effective Jan 16, 2015 (representative submission date).
Board considered staged ratings, extraschedular relief, combined effects, and potential TDIU; found no evidence of total occupational/social impairment or exceptional circumstances warranting extraschedular rating.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether initial rating should exceed 30% prior to Jan 16, 2015	PTSD symptoms (worsening nightmares/irritability by Mar–Jun 2014) justify higher rating earlier	Records show mainly sleep disturbance, preserved judgment/relationships, continued volunteering — not meeting criteria for 50%+	Denied — no rating >30% warranted before Jan 16, 2015
Whether rating should exceed 70% after Jan 16, 2015	Representative contended symptoms worsened and higher rating is appropriate after Jan 16, 2015	Even after Jan 16, 2015, no evidence of total impairment (100%): no gross thought disorder, persistent hallucinations, disorientation, or inability to perform ADLs	Denied — rating capped at 70% after Jan 16, 2015
Whether extraschedular evaluation is warranted	PTSD impact (or combined effects) produces an exceptional picture outside schedular criteria	Schedular criteria adequately contemplate the veteran’s symptoms; no marked interference or frequent hospitalization; combined conditions not exceptional	Denied — threshold for Thun not met; no extraschedular referral
Whether TDIU (total unemployability) inferred	Representative/veteran suggested increased severity might support unemployability	Veteran was retired, had volunteering history, and examiners found he could work independently; no claim or record showing unemployability	Not raised/denied — no basis to award TDIU

Mauerhan v. Principi, 16 Vet. App. 436 (examples in rating criteria are not exhaustive)
Vazquez‑Claudio v. Shinseki, 713 F.3d 112 (must show symptoms equivalent to criteria for a given rating)
Fenderson v. West, 12 Vet. App. 119 (requirement to consider staged ratings)
Jandreau v. Nicholson, 492 F.3d 1372 (competency of lay testimony regarding symptoms)
Thun v. Peake, 22 Vet. App. 111 (three‑step test for extraschedular ratings)
Johnson v. McDonald, 762 F.3d 1362 (extraschedular rating for combined effects in exceptional circumstances)
Rice v. Shinseki, 22 Vet. App. 447 (inferred TDIU claim analysis)
Dingess v. Nicholson, 19 Vet. App. 473 (downstream notice not required after grant of service connection)