14-11 603
14-11 603
| Board of Vet. App. | Sep 30, 2016Background
- Veteran served active duty July 2002–July 2005; service connection for PTSD granted effective June 14, 2010 (initially 50%) and later increased by RO to 70% (June 14, 2010) and 100% (effective April 6, 2016).
- Veteran appealed the 70% rating for the period June 14, 2010–April 6, 2016, seeking a 100% rating effective June 14, 2010.
- Record contains repeated VA exam and treatment notes (2010–2016), private psychologist reports, lay statements (including spouse), GAF scores in the mid-40s, a 2014 protective order for domestic violence, and evidence of employment instability and social isolation.
- April 2016 VA examiner found severe PTSD with symptoms consistent with total occupational and social impairment and that PTSD likely precluded substantially gainful employment.
- The Board resolved all doubt in the Veteran’s favor and concluded that, from June 14, 2010 to April 6, 2016, the Veteran’s PTSD met the symptom criteria for a 100% rating under DC 9411.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Entitlement to a rating in excess of 70% for PTSD for June 14, 2010–Apr 6, 2016 | Veteran argued PTSD produced total occupational and social impairment since June 14, 2010 and sought 100% from that date | VA RO awarded only 70% for that period (later granted 100% effective Apr 6, 2016); contested effective date and severity for earlier period | Board granted 100% for the entire period June 14, 2010–Apr 6, 2016, resolving doubt for Veteran (sufficient symptoms for 100% under DC 9411) |
| TDIU / extraschedular rating | Veteran sought unemployability/separate extraschedular relief | Once a 100% schedular rating is assigned, extraschedular or separate TDIU based on same disability is unnecessary; separate SMC considerations were addressed | Board found extraschedular not necessary and TDIU moot because PTSD rated 100% (no other compensable service-connected disability making separate TDIU beneficial) |
Key Cases Cited
- AB v. Brown, 6 Vet. App. 35 (1993) (Board retains jurisdiction over partially granted claims)
- Scott v. McDonald, 789 F.3d 1375 (Fed. Cir. 2015) (VA duties to notify and assist)
- Schafrath v. Derwinski, 1 Vet. App. 589 (1991) (consider full medical history when rating)
- Francisco v. Brown, 7 Vet. App. 55 (1994) (focus on present level of disability when increase is at issue)
- Hart v. Mansfield, 21 Vet. App. 505 (2007) (staged ratings appropriate when distinct periods of differing severity exist)
- Vazquez-Claudio v. Shinseki, 713 F.3d 112 (Fed. Cir. 2013) (§4.130 is symptom-driven; symptoms guide rating)
- Mauerhan v. Principi, 16 Vet. App. 436 (2002) (examples in mental disorder rating criteria are illustrative, not exhaustive)
- Carpenter v. Brown, 8 Vet. App. 240 (1995) (GAF explained as evidence of functioning)
- Richard v. Brown, 9 Vet. App. 266 (1996) (GAF score interpretation regarding serious symptoms/impairment)
- Gonzales v. West, 218 F.3d 1378 (Fed. Cir. 2000) (Board must review whole record but need not discuss each piece of evidence)
- Locklear v. Shinseki, 24 Vet. App. 311 (2011) (100% schedular rating can moot TDIU claim)
- Rice v. Shinseki, 22 Vet. App. 447 (2009) (relationship between schedular ratings and TDIU)
- Bradley v. Peake, 22 Vet. App. 280 (2008) (possible benefit of separate TDIU for special monthly compensation analysis)