BVA9507120 DOCKET NO. 92-11 828 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in Boston, Massachusetts THE ISSUE Entitlement to an increased rating for post-traumatic stress disorder, currently rated as 30 percent disabling. REPRESENTATION Appellant represented by: Disabled American Veterans WITNESS AT HEARING ON APPEAL The veteran ATTORNEY FOR THE BOARD Robert B. Swanson, Associate Counsel INTRODUCTION The veteran had active service from July 1966 to July 1968. This matter comes before the Board of Veterans' Appeals (Board) on appeal from an October 1991 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO) in Boston, Massachusetts. In April 1993 the case was remanded by the Board for development of the evidence. A special VA neurological examination, dated in September 1993, reflects a diagnosis of tardive dyskinesia secondary to anti- psychotic medications. The Board finds that a claim of service connection for tardive dyskinesia proximately due to post- traumatic stress disorder pursuant to 38 C.F.R. § 3.310(a) (1994) has been reasonably raised by the record. Douglas v. Derwinski, 2 Vet.App. 103, 109 (1992), aff'd en banc, 2 Vet.App. 435 (1992). Since the claim was not adjudicated by the RO and certified for appeal, the claim is referred to the RO for the appropriate action. CONTENTIONS OF APPELLANT ON APPEAL The veteran contends that an increased rating for his post- traumatic stress disorder is warranted due to a recent increase in the severity of the disability. DECISION OF THE BOARD The Board, in accordance with the provisions of 38 U.S.C.A. § 7104 (West 1991), has reviewed and considered all of the evidence and material of record in the veteran's claims file. Based on its review of the relevant evidence in this matter, and for the following reasons and bases, it is the decision of the Board that the evidence supports granting a 100 percent evaluation for the veteran's post-traumatic stress disorder. FINDINGS OF FACT 1. All relevant evidence necessary for an equitable disposition of the appellant's appeal has been obtained by the RO. 2. The veteran completed two years of college, and he last worked full-time in or about 1985 as a cable repairman. 3. The veteran's service-connected post-traumatic stress disorder meets the schedular criteria for a 70 percent rating. 4. The veteran's service-connected disability, in light of his education and occupational background, precludes him from pursuing a substantially gainful occupation. CONCLUSION OF LAW The criteria for a 100 evaluation for post-traumatic stress disorder have been met. 38 U.S.C.A. §§ 1155, 5107(b); 38 C.F.R. §§ 4.16(c), 4.132, Code 9411 (1994). REASONS AND BASES FOR FINDINGS AND CONCLUSION The veteran is seeking an increased rating for his post-traumatic stress disorder. He has presented a well-grounded claim, which is a claim that is plausible, as required by 38 U.S.C.A. § 5107(a) (West 1991). The VA, in turn, has assisted the veteran in fully developing the facts relevant to his claim as required by 38 U.S.C.A. § 5107(a). The medical evidence reflects that the veteran has a post- traumatic stress disorder. In October 1991, the RO granted service connection for his disability, and assigned a 30 percent rating, effective from October 1990. His symptomatology as reflected by his medical history meets the criteria for a 70 percent rating. A 70 percent rating for post-traumatic stress disorder is assigned under the Schedule for Rating Disabilities (Schedule) when psychoneurotic symptoms severely impair social and industrial adaptability. 38 C.F.R. § 4.132, Diagnostic Code 9411. He has received periodic VA psychiatric outpatient treatment, and was hospitalized for treatment of post-traumatic stress disorder in January and February 1993. During his most recent special VA psychiatric examination, which was conducted in September 1993, the examiner found that the veteran had a bizarre manner, a possible thought disorder, limited insight, and extreme anxiety. His social judgement was impaired by his severe symptoms. The diagnosis was severe, chronic post-traumatic stress disorder. The veteran's post-traumatic stress disorder symptomatology does not meet the criteria for a total schedular rating. A total schedular rating for post-traumatic stress disorder is assigned under the Schedule when active psychotic manifestations produce total social and industrial inadaptability. Id. The medical evidence does not show that the veteran's symptoms meet the criteria for a total schedular rating. When the veteran was most recently examined at a VA medical facility in September 1993, his symptoms were not totally incapacitating or indicative of gross repudiation of reality. The evidence also does not show that the veteran is virtually isolated in his community or demonstrably unable to obtain or retain employment. When the veteran testified at a hearing that was held at the RO March 1992, he indicated that he participated in various activities in his community, including weekly post-traumatic stress disorder and Alcoholics Anonymous (AA) counseling meetings, playing golf with his AA sponsor, and riding his bike. The evidence as to whether the veteran's service-connected disability, in light of his education and occupational background, would preclude him from securing and maintaining a substantially gainful occupation is in relative equipoise. He has an occupational background as a cable repairman, and his educational background includes two years of college as well as training as a tractor trailer truck driver. He has not, however, worked full-time since his retirement from his job as a cable repairman in or about 1985. Subsequent to his retirement, he worked as a casual worker for the United States Postal Service in 1987, and as a janitor in a sheltered workshop at a VA medical facility from 1990 through 1991. The foregoing jobs are, however, considered to have been only marginal employment. Additionally, VA psychiatrists reported in June 1991 and November 1993 that the veteran was not employable because of his psychiatric disability. In September 1993, the VA psychiatrist who examined the veteran noted that he was working in a sheltered workshop, but had been unable to progress in his employability due to his post-traumatic stress disorder. In order to control his disability, the veteran requires weekly counseling and daily medication. Despite such treatment, he has made only a marginal adjustment. Based upon the foregoing, the Board finds by giving the veteran the benefit of the doubt that a 100 percent evaluation for post-traumatic stress disorder on this basis is warranted. 38 U.S.C.A. §§ 1155, 5107(b); 38 C.F.R. §§ 4.16(c), 4.132, Diagnostic Code 9411. ORDER Entitlement to a 100 percent evaluation for post-traumatic stress disorder is granted, subject to the law and regulations governing the payment of monetary benefits. WAYNE M. BRAEUER Member, Board of Veterans' Appeals The Board of Veterans' Appeals Administrative Procedures Improvement Act, Pub. L. No. 103-271, § 6, 108 Stat. 740, ___ (1994), permits a proceeding instituted before the Board to be assigned to an individual member of the Board for a determination. This proceeding has been assigned to an individual member of the Board. NOTICE OF APPELLATE RIGHTS: Under 38 U.S.C.A. § 7266 (West 1991), a decision of the Board of Veterans' Appeals granting less than the complete benefit, or benefits, sought on appeal is appealable to the United States Court of Veterans Appeals within 120 days from the date of mailing of notice of the decision, provided that a Notice of Disagreement concerning an issue which was before the Board was filed with the agency of original jurisdiction on or after November 18, 1988. Veterans' Judicial Review Act, Pub. L. No. 100-687, § 402 (1988). The date which appears on the face of this decision constitutes the date of mailing and the copy of this decision which you have received is your notice of the action taken on your appeal by the Board of Veterans' Appeals.