BVA9502418 DOCKET NO. 91-42 698 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in Los Angeles, California THE ISSUE Entitlement to an increased evaluation for schizophrenic reaction, currently evaluated as 50 percent disabling. REPRESENTATION Appellant represented by: Disabled American Veterans ATTORNEY FOR THE BOARD W. H. Wetmore, Counsel INTRODUCTION The veteran served on active duty from December 1961 to August 1964. The Board of Veterans' Appeals (Board) received this case on appeal from a June 1990 RO rating decision that increased the 30 percent evaluation assigned the veteran's undifferentiated-type schizophrenic reaction to a 50 percent evaluation. The Board remanded this case in March 1992. CONTENTIONS OF APPELLANT ON APPEAL The veteran contends that he should be assigned a 100 percent evaluation because his psychiatric symptoms are productive of total social and industrial incapacity. He claims that although he takes large doses of anti-psychotic medications, he has daily auditory hallucination, difficulty concentrating, memory problems, cognitive slowing and severe sleep problems. 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 preponderance of the evidence supports a grant of a 100 percent evaluation for schizophrenic reaction. FINDING OF FACT The veteran's schizophrenic reaction is productive of total social and industrial inadaptability. CONCLUSION OF LAW A 100 percent evaluation for schizophrenic reaction is warranted. 38 U.S.C.A. §§ 1155, 5107, 7104 (West 1991); 38 C.F.R. §§ 3.102, 3.321, 4.7, 4.16, 4.132, Diagnostic Code 9204 (1993). REASONS AND BASES FOR FINDINGS AND CONCLUSION The Board finds the veteran's claim is well grounded within the meaning of 38 U.S.C.A. § 5107 because it is plausible. Murphy v. Derwinski, 1 Vet.App. 78 (1991); Proscelle v. Derwinski, 2 Vet.App. 629 (1992). The Board is also satisfied that all relevant facts have been properly developed and there is no further assistance required in order to comply with § 5107. The veteran was hospitalized at two facilities while on active duty in 1964. He was treated at a VA hospital from February to March and again from May to July, 1972. All four hospitalizations were for treatment of his schizophrenic reaction. The record reflects that while he has not been hospitalized for psychiatric treatment since, he has undergone essentially continuous treatment at private and VA facilities for his schizophrenic reaction. The record also reflects that his wife wrote in July 1991. She provided some details of the veteran's daily activities, including noting that he cried frequently recently and had a decreased appetite and difficulty sleeping. The record also reflects several statements from various private doctors. For example, S. Dickstein, M.D., reported in January 1990 that the veteran had a history of hearing voices, having nightmares and seeing snakes. He was unable to sustain interest in any activity for more than an hour or two. Although taking medication, he continued to experience hallucinations, act withdrawn and exhibit delusions. His prognosis was quite guarded, and his condition was not expected to change. Pursuant to the Board's remand, the record reflects that the veteran was awarded Social Security benefits due to disability. The decision of the administrative law judge shows that consideration was given not only to the veteran's service- connected psychiatric disability but also to nonservice-connected disabilities in granting these benefits. Nevertheless, it is the veteran's psychiatric impairment which primarily, if not entirely, formed the basis for the favorable decision. The Board also finds that the veteran has undergone several examinations by VA psychiatrists over the years. Most recently, in July 1993, he complained of daily auditory hallucinations, difficulty sleeping, nervousness and depression. The mental status examination disclosed mild depression, slowing of thought processes, some difficulty with concentration and attention, and concreteness. The diagnosis was chronic undifferentiated schizophrenia. The psychosocial stressors were considered severe. His score on the Global Assessment of Functioning Scale was 35, indicative of major impairment in several areas such as work and family relations and that his behavior was influenced by delusions. The Board finds that the veteran is currently unable to work due to his schizophrenic reaction. The 35 score on the Global Assessment of Functioning Scale underlines the opinions of private and VA psychiatrists entered recently to the effect that he has a severe psychiatric impairment. While he has other disabilities, the Board is satisfied that the schizophrenic reaction, by itself, currently prevents working. In reaching this conclusion, it is noted that the veteran has not worked since approximately 1987 and has more recently even been unable to work at collecting papers and cardboard boxes in his neighborhood for more than 1 to 2 hours before having to leave this work. Further, the presence of auditory hallucinations on a daily basis, even as he complies with prescribed medication, compels a conclusion that the veteran is totally disabled due to his service-connected psychiatric disorder. ORDER A 100 percent evaluation for schizophrenic reaction is granted, subject to the law governing the assignment of effective dates. BARBARA B. COPELAND 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.