BVA9505160 DOCKET NO. 92-08 695 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs (VA) Regional Office (RO) in Louisville, Kentucky THE ISSUE Entitlement to an increased evaluation for post-traumatic stress disorder (PTSD), currently rated as 50 percent disabling. REPRESENTATION Appellant represented by: Kentucky Division of Veterans Affairs ATTORNEY FOR THE BOARD W. H. Wetmore, Counsel INTRODUCTION The veteran served on active duty from July 1966 to May 1968. The Board of Veterans' Appeals (Board) received this case on appeal from an August 1991 RO rating decision which granted the veteran service connection for his PTSD and assigned a 10 percent evaluation. Subsequent to the Board's November 1992 remand, the RO increased that to a 50 percent evaluation. CONTENTIONS OF APPELLANT ON APPEAL The veteran contends that he has been unable to work due to his PTSD and that he had that limitation before he had problems due to his cerebrovascular accidents. 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 the assignment of a schedular 100 percent evaluation for PTSD. FINDING OF FACT The veteran's PTSD causes him to be demonstrably unable to obtain and retain employment, to be virtually isolated in the community and to exhibit a profound retreat from mature behavior. CONCLUSION OF LAW A schedular 100 percent evaluation for the veteran's PTSD is warranted. 38 U.S.C.A. §§ 1155, 5107, 7104 (West 1991); 38 C.F.R. §§ 3.102, 4.3, 4.132, Diagnostic Code 9411 (1994). REASONS AND BASES FOR FINDING AND CONCLUSION The Board finds the veteran's claim to be well grounded within the meaning of 38 U.S.C.A. § 5107 because it is plausible. See Murphy v. Derwinski, 1 Vet.App. 78 (1991). 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. See Littke v. Derwinski, 1 Vet.App. 90 (1990). The earliest diagnosis of PTSD reflected by the record was in a December 1989 psychology examination report from two VA examiners. At that time, it was considered mild. The veteran sustained his fourth lacunar infarct in January 1991 and was treated at a VA medical center from January to March 1991. His medical history was significant for disabilities which included status post ruptured aneurysm with craniotomy in 1983. At discharge, he was felt to be safe and independent. At VA examinations in May 1991, January 1993, October 1993 and January 1994, the veteran exhibited a progressive decline in his mental status. In the last examination, the examiner obtained additional findings from the veteran's sister as to the manifestations of his psychiatric problems prior to January 1991. The examiner felt that the following was indicative of the veteran's level of functioning which could be attributable to his PTSD: [A] person who lived at 1 (sic) point with the Salvation Army and sometimes lived in the street but didnt (sic) require any of his relatives to help him, in terms of his activities for daily living, at the time. He worked off and on as a painter, worked for people when he wanted to work and earn his living, but was described then as irritable, alienated his children and 2 (sic) previous spouses, and was described as a street person sometimes, and sometimes functional in terms of his working and ability to take care of himself. His ability to care for himself, during that time, may be considered marginal, but he needed no help from his relatives, and he was living on his own, particularly after his children and spouses were alienated to the point that they were apparently scared of him. The Board finds that the above information depicts a degree of impairment not adequately reflected by less than a 100 percent evaluation. The examiner assessed the picture as representing poor functioning with marked impairment in both social and occupational functioning. This assessment is consistent with a determination that the veteran was essentially unemployable and socially isolated, as well as exhibiting a profound retreat from mature behavior. Under these circumstances, a schedular 100 percent evaluation is in order. ORDER A schedular 100 percent evaluation for PTSD is granted, subject to the law governing the assignment of an earlier effective date. 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.