Citation Nr: 18148965 Decision Date: 11/09/18 Archive Date: 11/08/18 DOCKET NO. 15-07 425 DATE: November 9, 2018 ORDER An effective date of September 30, 2010, for an award of a 100 percent disability evaluation for schizoaffective disorder is granted, subject to the laws and regulations governing the award of monetary benefits. FINDING OF FACT Resolving all doubt in the Veteran’s favor, a September 30, 2010, VA mental health note, generated within one year prior to receipt of the claim for an increased evaluation, indicated an increase in severity of the Veteran’s service-connected disability. This was the first evidence that a 100 percent rating was warranted. CONCLUSION OF LAW The criteria for an effective date of September 30, 2010, but no earlier, for a 100 percent evaluation for schizoaffective disorder have been met. 38 U.S.C. §§ 501, 1155, 5101; 38 C.F.R. §§ 3.400(o), 4.130, Diagnostic Code 9211. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran had active military service from July 1980 to July 1983. In his February 2015 substantive appeal, the Veteran requested a Board hearing to be conducted at his local Regional Office (RO). However, in October 2015, he withdrew this request. Analysis The Veteran asserts that the currently assigned 100 percent evaluation for his service-connected schizoaffective disorder should date back to approximately 1999, as he contends he filed a claim with VA at this time and the severity of his disability in 1999 was the same as it is currently. The Board notes that a December 2009 rating decision awarded service connection for schizoaffective disorder with an initial evaluation of 70 percent, effective July 1, 2002. The Veteran did not complete an appeal of either the initial evaluation or effective date assigned; therefore, the December 2009 rating decision is final. See generally 38 U.S.C. § 7105. The finality of that rating decision can only be upset upon a finding of clear and unmistakable error (CUE). See 38 C.F.R. §§ 3.104, 3.105. That has not been alleged. As the Veteran did not appeal the December 2009 rating decision, the effective date for the assignment of a 100 percent evaluation for schizoaffective disorder will be the earliest date as of which it is factually ascertainable that an increase in disability had occurred if claim is received within one year from such date otherwise, date of receipt of claim which, in the instant case. 38 U.S.C. § 5110; 38 C.F.R. § 3.400(o)(2). Between the December 2009 rating becoming final, and the determination of the RO that a new claim was filed on September 13, 2011, a couple claims for individual unemployability were submitted. Rating actions denied those claims and not specific disagreement was filed therewith. The RO, after contact with the Veteran, determined that a new claim was received on September 13, 2011. Following examination, a 100 percent rating was assigned, effective the date of the claim. Because the effective date for an increased rating can be up to one year prior to receipt by the RO of the claim for an increased rating, the question remaining for the Board to consider is whether the record established an earlier factual entitlement to a 100 percent evaluation for schizoaffective disorder at some point between September 13, 2010, and September 13, 2011. Historically, the Veteran’s schizoaffective disorder has been evaluated under 38 C.F.R. § 4.130, Diagnostic Code 9211. Pursuant to the General Rating Formula for Mental Disorders, a 100 percent evaluation is warranted when there is total occupational and social impairment, due to such symptoms as: persistent delusions or hallucinations; grossly inappropriate behavior; persistent danger of hurting self or others; intermittent inability to perform activities of daily living (including maintenance of minimal personal hygiene); disorientation to time and place; memory loss for names of close relatives, own occupation, or own name. Id. With the above criteria in mind, the Board observes a September 30, 2010, VA mental health note indicates the Veteran sought treatment for his schizoaffective disorder on this date. He reported feelings of paranoia, such as the government wanting him killed, thoughts of death, and mood swings. Significantly, the Veteran reported experiencing audio and visual hallucinations and disturbance of perception, including an increase in the “command voices.” This is the first evidence that reasonably may be said to show entitlement to a 100 percent schedular rating. This is essentially confirmed by other records dated in early 2011. According, resolving all doubt in the Veteran’s favor, the Board finds that the September 30, 2010, VA mental health note suggests an increase in severity of the Veteran’s service-connected schizoaffective disorder, particularly in the frequency and intensity of his audio and visual hallucinations. Therefore, as the Veteran filed a claim for an increased evaluation within one year of this date, the Board finds that an effective date of September 30, 2010, is warranted for the assignment of a 100 percent evaluation for schizoaffective disorder. See generally 38 C.F.R. § 3.400(o). MICHAEL D. LYON Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD Christopher Murray, Counsel