BVA9505798 DOCKET NO. 92-08 424 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in Muskogee, Oklahoma THE ISSUE Entitlement to restoration of a total schedular evaluation for organic brain syndrome. REPRESENTATION Appellant represented by: Oklahoma Department of Veterans Affairs ATTORNEY FOR THE BOARD Alberto H. Zapata, Associate Counsel INTRODUCTION The veteran served on active duty from June 1980 to May 1986. This matter comes to the Board of Veterans' Appeals (Board) on appeal from the Department of Veterans Affairs (VA) Regional Office (RO) in Muskogee, Oklahoma. The veteran's original claim was received and developed by the RO in Jackson, Mississippi. CONTENTIONS OF APPELLANT ON APPEAL The veteran contends that his disability is more severe than currently rated, and is manifested by memory loss, speech impairment, and blurred vision which interfere with his ability to work. The veteran states that a total schedular rating should be restored because his disability has not shown sufficient improvement to warrant a reduction. 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 restoration of a total schedular rating for organic brain syndrome is warranted. FINDING OF FACT Evidence satisfactorily establishing material improvement in the veteran's organic brain syndrome was not of record at the time of the rating decision reducing the 100 percent evaluation for the disability. CONCLUSION OF LAW The criteria for reduction of a total schedular evaluation for organic brain syndrome were not met at the time of the rating decision reducing the total schedular evaluation for the disability. 38 U.S.C.A. § 1155 (West 1991); 38 C.F.R. §§ 3.343(a), 4.132, Diagnostic Code 9325 (1994). REASONS AND BASES FOR FINDINGS AND CONCLUSION The evidence reflects that the veteran was placed on the temporary disability retirement list in May 1986 because of severe organic brain syndrome which was determined to be productive of complete social and industrial inadaptability. On VA general medical examination in May 1987, the veteran was noted to have a history of carbon monoxide poisoning, but no diagnosis of organic brain syndrome was made. A Physical Evaluation Board recommended in May 1988 that the veteran be permanently retired from service because his chronic organic brain syndrome continued to be productive of complete social and industrial inadaptability and had become sufficiently stable to warrant final adjudication. Both the May 1986 and May 1988 determinations concerning the degree of resulting social and industrial inadaptability were based, in part, upon the results of neuropsychological testing. In an August 1990 rating decision based upon the above evidence, the veteran was granted service connection for organic brain syndrome with a 100 percent evaluation, effective from May 13, 1987. The rating decision reducing the 100 percent evaluation for the veteran's organic brain syndrome was based upon the reports of a VA neurology examination in January 1991, a VA psychiatric examination in March 1991, and a VA CT scan of the head in April 1991. Following their evaluations of the veteran, both the VA neurologist and the VA psychiatrist recommended that neuropsychological testing be conducted. The RO reduced the 100 percent evaluation for the veteran's organic brain syndrome without scheduling the recommended neuropsychological testing. Since these tests were deemed necessary by the medical specialists evaluating the veteran's organic brain syndrome and the earlier determinations of complete social and industrial inadaptability were based, in part, upon the results of neuropsycho- logical testing, the Board is of the opinion that material improvement in the veteran's organic brain syndrome was not adequately established by the evidence of record at the time of the rating decision reducing the 100 percent rating. Consequently, restoration of a 100 percent rating is warranted. 38 C.F.R. § 3.343. ORDER Restoration of a total schedular evaluation for organic brain syndrome is granted, effective the date of the reduction. SHANE A. DURKIN 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.