Citation Nr: 21073215 Decision Date: 12/07/21 Archive Date: 12/07/21 DOCKET NO. 16-35 314 DATE: December 7, 2021 ORDER A 70 percent rating, but no higher, for bipolar disorder prior to October 27, 2015, is granted. FINDING OF FACT Prior to October 27, 2015, the Veteran's bipolar disorder more closely approximated occupational and social impairment, with deficiencies in most areas; total occupational and social impairment was not shown. CONCLUSION OF LAW The criteria for a 70 percent rating for bipolar disorder prior to October 27, 2015, are met. 38U.S.C. §§1155, 5107; 38C.F.R. §4.130, Diagnostic Code 9432. REASONS AND BASES FOR FINDING AND CONCLUSION The veteran served on active duty in the United States Navy from December 1987 to December 1991. This matter has a procedural history which includes a Board Decision in July 2020 and an April 2021 Order of the Court of Appeals for Veterans Claims (Court) which enacted a Joint Motion for Partial Remand (JMPR) vacating portion of the Board's Decision which denied a rating higher than 50 percent for bipolar disorder prior to October 27, 2015. Increased Ratings Disability evaluations are determined by the application of a schedule of ratings which is based on average impairment of earning capacity. 38 U.S.C. § 1155; 38 C.F.R. § 4.1. Separate diagnostic codes identify the various disabilities. 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. Any reasonable doubt regarding the degree of disability is resolved in favor of the Veteran. 38 C.F.R. § 4.3. Bipolar Disorder The Veteran's bipolar disorder is rated pursuant to Diagnostic Code 9432, which mandates that a 70 percent rating is assigned when here is occupational and social impairment, with deficiencies in most areas, such as work, school, family relations, judgment, thinking, or mood, due to such symptoms as: suicidal ideation; obsessional rituals which interfere with routine activities; speech intermittently illogical, obscure, or irrelevant; near-continuous panic or depression affecting the ability to function independently, appropriately and effectively; impaired impulse control (such as unprovoked irritability with periods of violence); spatial disorientation; neglect of personal appearance and hygiene; difficulty in adapting to stressful circumstances (including work or a work like setting); inability to establish and maintain effective relationships. A 100 percent rating is assigned when there is total occupational and social impairment, due to such symptoms as: gross impairment in thought processes or communication; 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 or place; memory loss for names of close relatives, own occupation, or own name. The Veteran was afforded a VA psychiatric examination in April 2014.The examiner found that the Veteran's symptoms included depressed mood; anxiety; chronic sleep impairment; flattened affect; disturbances of motivation and mood; difficulty in establishing and maintaining effective work and social relationships; difficulty in adapting to stressful circumstances, including work or a work-like setting and neglect of personal appearance. The Veteran reported use of medication to treat his psychiatric symptoms and found them to be somewhat helpful with him falling asleep more easily and was less anxious and irritable. He acknowledged a history of suicidal ideation but denied any history of suicide attempt or any recent suicidal thoughts. The Board also notes that in his October 2015 VA examination the Veteran endorsed suicidal ideation once per week. (Continued on the next page) The Board finds, however, that the evidence does not show that the Veteran's bipolar symptoms more closely approximate total occupational and social impairment for the relevant portion of the appeal period. In this regard, there is no evidence that the Veteran experienced gross impairment in thought processes or communication, 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 or place, or memory loss for names of close relatives, own occupation, or own name. The evidence above does not indicate that during the appeal period, the Veteran had significant impairment. Thus, resolving any reasonable doubt in favor of the Veteran, the Board finds that the totality of the symptoms associated with his bipolar disorder more closely approximate those associated with a 70 percent rating. JOHN Z. JONES Veterans Law Judge Board of Veterans' Appeals Attorney for the Board A. Parrish The Board's decision in this case is binding only with respect to the instant matter decided. This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.