BVA9421426 DOCKET NO. 90-02 964 ) DATE ) RECONSIDERATION ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in Seattle, Washington THE ISSUE The Board construes the issue to be: Whether the veteran's post- traumatic stress disorder (PTSD) was properly rated during the period from June 3, 1986, to April 30, 1991. REPRESENTATION Appellant represented by: Paralyzed Veterans of America, Inc. WITNESS AT HEARINGS ON APPEAL Appellant ATTORNEY FOR THE BOARD R. E. Smith, Counsel INTRODUCTION The veteran had active military service from February 1967 to August 1970. The veteran also had approximately 18 months' unverified prior reserve military service. This matter originally came before the Board of Veterans' Appeals (Board) on appeal from a November 1987 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO), in Seattle, Washington, which granted the veteran entitlement to service connection for PTSD and assigned a 10 percent disability evaluation for this disorder, effective June 3, 1986. Thereafter, the veteran appeared and offered testimony at a personal hearing on appeal before a hearing officer at the RO in August 1989. The hearing officer's decision, which increased the disability evaluation for the veteran's service-connected PTSD to 30 percent disabling, effective March 1, 1989, was rendered in September 1989. The veteran had been, since August 24, 1988, in receipt of a temporary total rating pursuant to the provisions of 38 C.F.R. § 4.29. The Board determined, in a decision dated in August 1990, that the veteran was entitled to a 30 percent evaluation for PTSD from June 3, 1986, through August 23, 1988, the day before hospital admission. The issue of entitlement to an increased evaluation for PTSD under the revised rating criteria that became effective on February 3, 1988, was then remanded to the RO. Subsequent rating decisions in August 1990 and June 1991 determined that the veteran's PTSD was properly rated at 30 percent under the aforementioned revised rating criteria and that the veteran was entitled to a 50 percent disability evaluation for this disorder effective April 30, 1991, based on a VA examination provided to him on that date. In September 1991, the veteran's representative, the Paralyzed Veterans of America, Inc. (PVA), acting in the veteran's behalf, submitted a notice of disagreement to the June 1991 rating decision. The notice of disagreement expressed the veteran's belief that the evidence of record supported a 70 percent disability evaluation for his service-connected PTSD. Following further evidentiary and procedural development, the veteran was afforded an RO hearing in March 1992. The hearing officer's decision, rendered in February 1993, increased the disability evaluation for the veteran's service-connected PTSD to 100 percent disabling pursuant to the provisions of 38 C.F.R. § 4.16(c). The hearing officer's decision awarded the veteran a 100 percent disability evaluation, effective April 30, 1991, and was implemented by the RO in a February 1993 rating action. Following procedural development and entry into the record of additional written argument from local and national representatives of PVA, the case was again returned for further appellate review. In response to argument advanced by PVA, the Board, on August 4, 1994, entered an Order for Reconsideration of the Board's decision of August 14, 1990, by an expanded panel pursuant to 38 U.S.C.A. § 7103(b) (West 1991). It was noted therein that the reconsideration decision of the expanded panel, once promulgated, would become the final decision of the Board on that issue. In so doing, the reconsideration decision effectively subsumes the appeal pending before the Board which originated with the claim for increase filed by the veteran in June 1986, as well as replaces the August 14, 1990 Board determination. At this juncture, the Board emphasizes that consideration will not be given to the period from August 24, 1988 through February 28, 1989 inasmuch as the veteran's psychiatric disability was rated 100 percent disabling under 38 C.F.R. § 4.29. In June 1990, the veteran's representative in a presentation before this Board requested service connection for psoriasis based on scalp treatment in service in October 1969. This issue has not been adjudicated by the RO and it is referred to the RO for action deemed appropriate. CONTENTIONS OF APPELLANT ON APPEAL The appellant contends that the clinical evidence in its entirety supports a finding that his service-connected PTSD has been more disabling than indicated by the schedular disability evaluations assigned by the RO during the period June 3, 1986, to April 30, 1991. It is specifically contended on reconsideration that the revised rating criteria for psychiatric disorders which became effective on February 3, 1988, was not properly applied in this case by the RO and that there is sufficient evidence to warrant a finding that the veteran's industrial capacity during this entire period has been significantly underrated. 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 30 percent rating for PTSD from June 3, 1986, through February 2, 1988, a 50 percent evaluation for PTSD from February 3, 1988, to August 24, 1988, and a current 100 percent schedular rating pursuant to 38 C.F.R. § 4.16(c), effective March 1, 1989. FINDINGS OF FACT 1. From June 3, 1986, through February 2, 1988, the veteran's PTSD was manifested by depression, anxiety, intrusive thoughts, distrust of others, and anger which produced definite social impairment and considerable industrial impairment. 2. From February 3, 1988, through August 23, 1988, the veteran's service-connected PTSD was not shown by the weight of the evidence to be productive of more than considerable impairment of social and industrial adaptability. 3. Since March 1, 1989, the veteran's PTSD has severely impaired his social and industrial adaptability and all forms of substantially gainful employment have been precluded thereby. CONCLUSIONS OF LAW 1. The criteria for a 30 percent evaluation and no more for PTSD from June 3, 1986, through February 2, 1988, have been met. 38 U.S.C.A. §§ 1155, 5107 (West 1991); 38 C.F.R. §§ 3.321, 4.3, 4.7, 4.129, 4.130 and Part 4, Code 9411, as in effect before February 3, 1988. 2. The criteria for a 50 percent evaluation and no more for PTSD from February 3, 1988, through August 23, 1988, have been met. 38 U.S.C.A. §§ 1155, 5107 (West 1991); 38 C.F.R. §§ 3.321, 4.3, 4.7, 4.129, 4.130 and Part 4, Code 9411, as in effect since February 3, 1988 (1989). 3. Since March 1, 1989, the schedular criteria for a rating of 100 percent for PTSD have been met. 38 U.S.C.A. §§ 1155, 5107 (West 1991); 38 C.F.R. §§ 4.7, 4.16(c), 4.129, 4.130 and Part 4, Code 9411, as in effect since February 3, 1988 (1993). REASONS AND BASES FOR FINDINGS AND CONCLUSIONS The Board has considered the merits of the issue on appeal because we find that the veteran's contentions and argument, and the pertinent evidence on file, suffice to constitute evidence of a well-grounded claim, within the meaning of 38 U.S.C.A. § 5107(a) (West 1991). The contentions and argument concerning the severity of the veteran's psychiatric disorder are pertinent to the legal criteria for the benefits sought on appeal, and they are not implausible. I. Duty to Assist There is no specific allegation that there exists additional evidence not already on file which would furnish facts to support the material contentions which have been offered in this case. The veteran's representative in his written arguments of August 1994 has specifically indicated that the veteran's claims file contains ample evidence to resolve the issues currently before the Board. Accordingly, we find that the record is sufficient for us to render a fair and equitable determination of the matter at hand. VA has no further duty to assist the veteran in connection with his claim. 38 U.S.C.A. § 5107(a). II. Evidence It is noted that the veteran's active military service included service as a helicopter pilot in the Republic of Vietnam from March 1968 to February 1969. Regarding the history of the veteran's psychiatric problems, service medical records show no relevant complaints or pertinent findings. On a post-service psychological evaluation provided to the veteran in May 1974, while a member of the Washington State Air National Guard, it was reported that the veteran showed no indications of a serious thought or mood disorder and, generally, related as a productive and levelheaded man. A Minnesota Multiphasic Personality Inventory administered to the veteran at that time reportedly revealed a profile well within normal limits. The veteran was described as an "essentially normal personality." VA outpatient treatment records compiled between May and July 1986 show that the veteran was evaluated and counseled at a VA mental health clinic during this period for problems related to anger control. It was noted that he had been referred by a Domestic Violence Court. His anger was recorded to stem from problems involving his deteriorating marriage and lack of work. The veteran sought job placement assistance. A May 1986 prevocational assessment recorded that the veteran had transferable skills, no physical disabilities and was functioning at a competitive level. Explosive behavior was diagnosed following a May 1986 VA clinical evaluation during which the veteran admitted having difficulty holding down his anger. A July 1986 VA consultation records that the veteran, who was scheduled to attend a VA job club, reported taking an employment position on June 23, 1986. He was described as being clam, alert, appropriate, and motivated to work on improving interpersonal relationships. In November 1986, on an outpatient visit, he reported that he was working up to 70 hours a week and could not find the time to work on PTSD treatment issues. A VA social and industrial survey accomplished in January 1987 records that the veteran was going through the process of divorcing his wife. This divorce process reportedly followed a separation in May 1986 that was precipitated by threats that the veteran made against his wife and her two children by a prior marriage. The veteran reported that after he was discharged from the Army in 1970 he entered the National Guard for approximately six years. He also said that he had several different jobs which included flying helicopters in the Yukon and flying commercial aircraft. He also reported resigning from the National Guard in 1976 and then becoming an experienced plumber working with an oil company in Alaska before obtaining his current employment which he indicated required him to install office furniture. On file is a report of a VA special psychiatric evaluation for possible PTSD accomplished in February 1987. On this evaluation the veteran related that he was significantly affected by his experiences in Vietnam and that he continued to suffer flashbacks of his Vietnam experiences. On this evaluation it was reported that the veteran appeared rather tense, nervous, very unsure of himself and inarticulate. There was, however, no evidence of delusions or hallucinations. It was reported that he was rather friendly but distant and very difficult to engage. The examiner noted that the veteran did not appear to have been significantly affected by his Vietnam experiences. He did however indicate that it was indeed possible that the veteran suffered from a mild chronic post-traumatic stress disorder, but added that the degree of this disorder could not adequately be assessed as the veteran was rather guarded, vague, wary and anxious. On a VA examination in April 1987, the veteran related that following service he was employed at various jobs including some involving flying. He reported current employment since October 1986 as a truckdriver. On mental status examination the veteran was noted to be pleasant and cooperative. The veteran indicated that he went in and out of depression in stressful situations and felt that his wife was trying to destroy him. He indicated that he did not have any suicidal ideations and that he slept poorly due to concerns about himself, the future and thoughts of the past. The veteran was noted to be oriented satisfactorily and his judgment was characterized as fair. The examiner indicated that the veteran sounded rather paranoid and psychotic at times but that his predominant symptoms were anxiety, depression and self-deprecation. Generalized anxiety reaction was the pertinent diagnosis. VA outpatient records compiled in 1987 reflect continued employment, with the veteran described as calm, alert and appropriate, although he reported nightmares of Vietnam. On a following VA examination in October 1987, the veteran reported that difficulty getting along with his wife had led him to a divorce in 1986. He also added that he had experienced difficulty in work situations since coming back from Vietnam. He noted that most recently he worked as a truckdriver, but that trouble with his back had caused him to be fired. He added that he was currently unemployed and looking for work. With respect to his past marriage, the veteran noted that his former wife was hypoglycemic, had mood swings and that he had difficulty in relating to her. He also added that his wife had filed a domestic violence charge against him because he had threatened to kill her and her children. With respect to his psychiatric history, the veteran indicated that he had been receiving treatment at the American Lake VA Medical Center but was not on any psychotropic medications and had not had any psychiatric hospitalizations. On mental status examination, the veteran's movements and speech were normal. He reported that he had thoughts about suicide but had not attempted it and had no intent. His thought processes were goal-directed and without formal disorder. Hallucinations and delusions were denied. Intellect and memory were within normal range. The veteran was noted to have problems with concentration but was oriented to person, place, time and situation. He was alert, cooperative and pleasant during the evaluation and his insight and judgment were classified as fair. It was noted that the veteran did not have any current flashbacks but had difficulty relating to people, numbing of responsiveness, reduced involvement with the external world, detachment, hyperalertness, increased startle, sleep difficulties, great feelings of guilt and thoughts that he could have done more, as well as difficulty with concentration and memory and avoidance of activities that reminded him of Vietnam. Moderately severe post- traumatic stress disorder was diagnosed. It was added that the veteran had impairment in occupational and social functioning. The RO in a November 1987 rating action granted service connection for PTSD and evaluated this disorder as 10 percent disabling under Diagnostic Code 9411 of VA's Schedule for Rating Disabilities (Rating Schedule), effective from June 3, 1986. On August 24, 1988, the veteran was admitted to the American Lake, Tacoma, Washington, VA Medical Center for an 11-week PTSD treatment program which reportedly consisted of intensive psychoeducational and therapy group activities and supportive one-on-one counseling with a strong emphasis on peer interaction and teamwork in a therapeutic milieu. During this period of hospitalization the veteran overcame part of his depression and reportedly lessened his anxiety considerably. The veteran also worked on problems involving intrusive thoughts, distrust and anger. With respect to his anger, it was noted that the veteran became less angry and fearful, and although anger did not dissipate it was indicated that the veteran was gaining some insight into this emotion. On discharge in November 1988, it was reported that the veteran would be treated in a follow-up aftercare group and become involved in a domiciliary rehabilitation program. His prognosis was considered good with continued aftercare. It was indicated that the veteran could return to prehospital or work-related activities in 90 days. He was discharged on no medication for his psychiatric disorder. Thereafter, the veteran was admitted to a VA domiciliary in November 1988 because of a lack of psychosocial supports and homelessness. While at the domiciliary, the veteran reportedly adjusted quite easily to the ward milieu. Records compiled in the domiciliary reflect that the veteran was evasive about income sources and appeared dependent on the hospital. It was noted on December 21, 1988 that an individual identified as the veteran's caseworker supplied information suggesting that the veteran had exaggerated his involvement with a vet center and that his "pattern" was one of vagueness and evasion. The veteran was reported to be untruthful at the domiciliary regarding his income. After reaching maximum hospital benefits, he was given a regular discharge on January 31, 1989. He was discharged without prescription medication and it was noted that he could immediately resume his preadmission activities. In a Financial Status Report dated in early 1989 the veteran reported that he had been unemployed since October 1987. In March 1989, the veteran was examined by a VA physician for compensation purposes. The examiner noted that the veteran still related having intrusive memories of the war but that for a time they had become less frequent. On mental status examination, it was noted that the veteran was cooperative, somewhat anxious but not depressed. The veteran spoke in a coherent, relevant manner and was not hallucinating. He denied delusions. The veteran was described as alert and oriented to time and place. He had fair retention and recall and appeared to have good insight and good judgment. Chronic post-traumatic stress was the diagnostic impression and the examiner indicated that impairment was mild to moderate in degree. The examiner commented that the veteran had reported having a slight improvement in his mental status but lacked confidence that he could make it in terms of work and being able to relate to people and cope with pressures. He indicated that the veteran had been unable to make any significant close relationships and that he still had chronic anxiety which had become exacerbated by his living alone. In connection with his current claim, the veteran appeared and offered testimony at a personal hearing on appeal before a hearing officer at the RO in August 1989. The veteran described himself on this occasion as anxious, frustrated and depressed and said that he did not want to be around people. The veteran further testified that he was unemployed, was experiencing nightmares and, in effect, had been unable to return to a normal existence despite intensive VA PTSD therapy. The veteran further said that flying helicopters was his only real skill and that a recent application for that type of employment had been rejected due to his neuropsychiatric condition. The veteran added that he had tried to seek other employment but believed that he had to get "back to normal" before he could work. Based on the above evidence, the hearing officer, in a decision rendered in September 1989, increased the disability evaluation for the veteran's service-connected PTSD from 10 percent to 30 percent disabling. This decision was implemented by the RO in a September 1989 rating action. The effective date of the award was determined to be March 1, 1989, and followed the grant of a temporary total rating for PTSD from August 24, 1988, to March 1, 1989, due to hospitalization and treatment referable thereto. On a following VA examination of the veteran's PTSD in April 1991, it was noted, as part of the veteran's past psychiatric history, that he had begun outpatient treatment for PTSD in 1986 and had successfully completed inpatient treatment for this disorder in 1988 at the American Lake VA Medical Center. It was also recorded that he had continued outpatient treatments after that time but in November 1990, had to discontinue treatment due to the expiration of a contract for same with a VA contract therapist. It was added that, with the discontinuation of treatment and the outbreak of the Gulf War, his symptoms markedly worsened. He reported a past history of alcohol abuse, experiencing numerous blackouts while intoxicated. Reportedly he stopped drinking in 1980. On examination, it was noted that the veteran was divorced and that his divorce had been related to ongoing PTSD symptomatology. It was also noted that the veteran worked in the past as a helicopter pilot but had changed his vocation to plumbing due to difficulty with flying which he indicated was caused by frequent flashbacks. It was also noted that this vocation was also unsuccessful due to ongoing PTSD symptomatology. It was added that the veteran had not worked since "1986" and had a current live-in relationship. He spent time as a volunteer in local and national politics and was a block watch captain. On mental status examination, it was noted that the veteran was cooperative and that he related his history in a clear steady voice. He stated that, since the discontinuation of his therapy in November 1990 and the outbreak of the Gulf War, his PTSD symptoms had worsened. He noted that he had more frequently impaired sleep and nightmares approximately one night a week. He reportedly had flashbacks, approximately once per week. He further indicated that he was markedly withdrawn and avoided contact with people. He added that he was more angry and frequently lost his temper over minor incidents. He further stated that he actively avoided people, places and things which reminded him of Vietnam and also continued to complain of emotional numbing. It was noted that he was oriented in all spheres and there was no evidence of delusions or hallucinations or organic mental deficit. Post-traumatic stress disorder was the Axis I diagnosis, and the examiner indicated that there had been a moderate increase in his overall symptomatology due to the discontinuation of his treatment and the outbreak of the Gulf War hostilities. The examiner added that the veteran appeared to have moderate to severe occupational and social impairment due to PTSD. In October 1991, the veteran was administered psychological testing which was interpreted by the VA in November 1991 to suggest that the veteran's intellectual functioning was in the average range. Responses on this testing were indicated to suggest a person who was experiencing a significant degree of psychological distress. It was also noted that a review of prior testing of the veteran in 1986 and 1987 showed that the veteran had presented himself during that period as making a strong effort to present himself as having adequate defenses. His current testing was noted to reflect that same condition. It was indicated that in the past the veteran struggled to keep painful memories in check and that such defenses were not currently being used. It was also reported that the veteran's acknowledgment of multiple problems suggested a possible historical pattern of a veteran who, in the past, exerted strong control of his problems but was experiencing distress. It was noted that, unfortunately, it would appear that the "opening up" of the veteran's problems had not resulted in a lessening of his distress. Current testing suggested that his treatment to date was not able to effect a meaningful integration of past trauma. At another hearing on appeal before a hearing officer at the RO in March 1992, the veteran said he had frequent flashbacks to Vietnam. He reported continuing counseling at the Vet Center and stated that he had resisted group therapy for reasons he was unable to explain. He testified he had problems interacting with others and that he spent his days raising bees and working on cars. He noted that he not worked on a steady basis for a long period of time. The veteran also testified that while he had intimate relationships with a member of the opposite sex he does not consider any of his past relationships to have been either healthy or normal. Submitted into evidence on this occasion was a set of photographs which showed the veteran and an apparently damaged helicopter. On an April 1992 VA examination, the diagnosis was chronic post- traumatic stress disorder with secondary symptoms of depression, anger and paranoia. The examiner commented that the veteran continued to have difficulty in making significant progress, either socially or occupationally. He indicated that the veteran remained vague and guarded about reasons for his difficulties and that his post-traumatic stress disorder continued to be a significant problem for him. Clinical records received from the Social Security Administration in September 1992 show that in February 1990 the veteran was awarded monthly Social Security disability benefits beginning in July 1988. This award was based on clinical evidence compiled between 1986 and 1990 which included the VA clinical records discussed above, private clinical records referable to evaluation and treatment provided to the veteran for a nonservice-connected back disorder. As pertains to this claim, these records show that the veteran sustained a back injury at work in September 1987, but was advised that he could return to work. In a January 1989 report, he stated that he had not worked for the past 8 months. Also received was a report of a January 1990 psychological evaluation conducted by William Conte, M.D., for the Social Security Administration's Office of Disability Insurance. This psychological evaluation noted that the veteran was presently living with a woman with whom he was desperately trying to work out a relationship. It indicated that the veteran did not believe that his treatment for PTSD was helpful in terms of moving himself forward and away from his Vietnam experiences. Dr. Conte reported that he found the veteran to be of normal intelligence and to appear anxious, very suspicious and frankly paranoid. He noted that the veteran did not appear to be depressed. He also added that it was clear that the veteran's paranoid status was present long before the veteran was sent to Vietnam. Dr. Conte indicated that the veteran's preoccupation with his emotional problems led him to believe that employment for the veteran would be very difficult. In January 1993, the veteran was examined by a board of two VA psychiatrists for the express purpose of addressing the issue of his PTSD and unemployability. It was reported that the veteran continued to express a full spectrum of PTSD symptomatology since seen in 1991 and that the veteran stated that his symptoms had worsened. He reported being severely isolated from people and that he was continuing to have problems with anger outbursts. He added that he last worked in 1986 and had to quit due to his short temper and inability to control his anger as well as his inability to get along with employees and employers. Post- traumatic stress disorder was the Axis I diagnosis and it was noted that the veteran appeared to be unemployable. In a determination effectuated by a February 1993 rating decision, the VA hearing officer granted an increased rating of 100 percent, effective April 30, 1991. III. Evaluation of PTSD from June 3, 1986, to February 3, 1988 38 U.S.C.A. § 1155 (West 1991) and 38 C.F.R. Part 4 (1993) provide that disability evaluations are determined by the application of a schedule of ratings which is based on average impairment of earning capacity. 38 C.F.R. Part 4 refers to the aforementioned rating schedule. Separate diagnostic codes of the rating schedule identify the various disabilities. The November 1987 rating decision from which this appeal originally ensued awarded the veteran a 10 percent evaluation for PTSD effective June 3, 1986, under Diagnostic Code 9411 of the Rating Schedule. Prior to February 3, 1988, this code provided a 10 percent evaluation for PTSD when there was moderate impairment in social and industrial adaptability. A 30 percent rating was provided for PTSD when there was definite impairment in the ability to establish or maintain effective and wholesome relationships with people and when psychoneurotic symptoms resulted in such reduction in initiative, efficiency, and reliability levels as to produce considerable industrial impairment. A 50 percent disability evaluation was assignable when there was substantial impairment of ability to establish or maintain effective and wholesome relationships with people and when there was severe industrial impairment. A 70 percent evaluation required that the ability to establish and maintain effective and favorable relationships with people be seriously impaired and that psychoneurotic symptoms be of such severity and persistence that there was pronounced impairment in the ability to obtain or retain employment. A 100 percent evaluation required that attitudes of all contacts except the most intimate be so adversely affected as to result in virtual isolation in the community and that there be totally incapacitating psychoneurotic symptoms bordering on gross repudiation of reality with disturbed thought or behavioral processes (such as fantasy, confusion, panic and explosions of aggressive energy) associated with almost all daily activities resulting in a profound retreat from mature behavior. The individual must be demonstrably unable to obtain or retain employment. 38 C.F.R. Part 4, Code 9411, as in effect before February 3, 1988. For the period prior to February 3, 1988, the combination of psychiatric manifestations documented in the veteran's VA PTSD evaluation in February 1987 and his subsequent VA examinations in April and October 1987, as well as the obvious difficulties the veteran had in maintaining a stable marital relationship and secure employment and reduced involvement with society, are considered to be productive of definite social impairment and considerable industrial impairment. We find significant the assessment by the veteran's VA examiner on his October 1987 VA examination that the level of the veteran's impairment due to his PTSD was moderately severe. The examiner's classification of the degree of disability is not determinative. 38 C.F.R. § 4.130. However, the Board is of the opinion that the clinical evidence reflecting problems with anger control and concentration shows that social and industrial impairment resulting from the veteran's PTSD during this period most nearly approximates the criteria indicative of definite social and considerable industrial impairment. In this regard, we observe that where there is a question as to which of two evaluations shall be applied, the higher evaluation will be assigned if the disability picture more nearly approximates the criteria required for that rating. Otherwise, the lower rating will be assigned. 38 C.F.R. § 4.7 (1993). Because the findings more nearly approximate those indicative of considerable industrial impairment, a 30 percent rating is in order. In making such determination, the Board notes that the outpatient treatment records, as well as medical records considered by the Social Security Administration, show that the veteran was employed during this period, losing some time from work after sustaining a work-related injury to the back in September 1987. The veteran's claim that he stopped working in 1986 is rejected as not being reliable in light of this evidence. (He was in fact described in VA domiciliary records as being evasive about his income.) As late as the February 1987 VA examination the veteran was reported by the examiner to be not significantly affected by his Vietnam experiences. His treatment during this period was on an outpatient basis only; it is noteworthy that he was not prescribed any medication for his psychiatric disorder. Consideration has also been extended to whether the veteran was entitled to a higher rating on an extraschedular basis and the Board concludes that he was not. In exceptional cases where the schedular evaluations are found to be inadequate, an extraschedular evaluation commensurate with the average earning capacity impairment due exclusively to the service-connected disability or disabilities may be approved provided the case presents such an exceptional or unusual disability picture with such related factors as marked interference with employment or frequent periods of hospitalization as to render impractical the application of the regular schedular standards. 38 C.F.R. § 3.321(b)(1). As shown above, the veteran's PTSD symptoms did not cause marked interference with employment, nor did they require hospitalization. IV. Evaluation of PTSD from February 3, 1988, to August 24, 1988 Effective February 3, 1988, the General Rating Formula for Psychoneurotic Disorders was revised. To establish entitlement to a 30 percent rating under the new criteria, the requirement that there be considerable industrial impairment was replaced by the requirement that there be definite industrial impairment. For a 50 percent rating, the requirement that there be severe industrial impairment was replaced by the requirement that there be considerable industrial impairment. Under the new criteria, severe industrial impairment warrants a 70 percent evaluation. See 38 C.F.R. Part 4, Code 9411, effective February 3, 1988. The 30 percent rating found by the Board to be appropriate above under the old rating criteria was based on an assessment that the veteran exhibited, in pertinent part, considerable industrial impairment. The Board finds that the evidence prior to the veteran's hospitalization on August 24, 1988, showed no improvement in the veteran's psychiatric status and that considerable industrial impairment was still present. In fact there is nothing in the record that suggests other than that the psychiatric disorder continued to exhibit essentially the same level of symptomatology during this period as it had prior to the change in criteria. The continuance of considerable industrial impairment warrants an upward revision of the rating to 50 percent to conform to the revised rating standards. Sabol v. Derwinski, 2 Vet.App. 228 (1992); O.G.C. Precedent 9-92 (March 25, 1992). For essentially the same reasons articulated above, the Board does not find that, for the period beginning February 3, 1988, such an unusual disability picture was presented as to warrant the assignment of a rating on an extraschedular basis. V. Evaluation of PTSD since March 1, 1989 There remains a question of a schedular rating higher than 50 percent under the new criteria following the veteran's assignment of a temporary total (100 percent) rating from August 24, 1988, to March 1, 1989, pursuant to the provisions of 38 C.F.R. § 4.29 (1993). Under the new criteria as indicated above, severe disability warrants a 70 percent rating. In this case, the objective findings indicate that the veteran, despite a lengthy period of VA hospitalization for PTSD, has continued to exhibit anxiety, social isolation and a tendency towards anger against others. Significantly, a VA physician determined in April 1991 that the veteran's ability to work and adapt socially was moderately to severely compromised by his ongoing symptoms of PTSD. Severe occupational and social impairment due to PTSD was later indicated by a VA examiner in January 1993. We note, however, that VA examinations have consistently reported that the veteran has been oriented to time, place and person and his reason and judgment have not been shown to be grossly impaired at any time. Nevertheless, the veteran clearly has difficulty in social and industrial settings. Thus, the clinical record as a whole reflects that during the period from March 1, 1989, he has exhibited severe psychiatric impairment based on his service-connected post-traumatic stress disorder at a level contemplated by the 70 percent schedular evaluation of 38 C.F.R. Part 4, Code 9411. We also conclude that the veteran's mental disorder, his only compensably rated service-connected disorder, is definitely an occupational handicap and precludes gainful employment. Under the criteria of 38 C.F.R. § 4.16(c), whenever gainful employment is precluded by a service-connected mental disorder rated 70 percent disabling and there are no other compensably rated service-connected disorders, a 100 percent rating is to be assigned under the schedule rather than 38 C.F.R. § 4.16. Accordingly, a 100 percent rating is warranted under 38 C.F.R. Part 4, Code 9411, effective March 1, 1989. ORDER On reconsideration, a 30 percent rating for PTSD is granted for the period June 3, 1986, through February 2, 1988; a 50 percent evaluation is assigned for the period from February 3, 1988, through August 23, 1988; and a 100 percent schedular rating is assigned for the period since March 1, 1989, subject to the criteria governing the payment of monetary awards. To this extent, the appeal is allowed. (CONTINUED ON NEXT PAGE) BRUCE E. HYMAN D. C. SPICKLER N. R. ROBIN EILEEN M. KRENZER EUGENE A. O'NEILL GORDON H. SHUFELT 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.