Citation Nr: 21075246 Decision Date: 12/17/21 Archive Date: 12/17/21 DOCKET NO. 17-45 757 DATE: December 17, 2021 ORDER A 70 percent rating for posttraumatic stress disorder (PTSD) is granted. FINDING OF FACT The Veteran's PTSD symptoms are manifested by impaired impulse control and near continuous panic. CONCLUSION OF LAW The criteria for a 70 percent rating for PTSD are met. 38 U.S.C. §§ 1155, 5107; 38 C.F.R. §§ 4.1, 4.3, 4.7, 4.126, 4.130, Diagnostic Code (DC) 9411. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty in the United States Army from December 1965 to September 1967. His service decorations include the Vietnam Service Medal and the National Defense Service Medal. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a June 2017 rating decision. Disability ratings are determined by applying the criteria set forth in VA's Schedule for Rating Disabilities. The percentage ratings are based on the average impairment of earning capacity and individual disabilities are assigned separate diagnostic codes. 38 U.S.C. § 1155; 38 C.F.R. § 4.1. Any reasonable doubt regarding a degree of disability will be resolved in favor of the veteran. 38 C.F.R. § 4.3. The Board may consider whether separate ratings may be assigned for separate periods of time - a practice known as "staged ratings," - whether or not the claim concerns an initial rating. Fenderson v. West, 12 Vet. App. 119, 126-27 (1999); Hart v. Mansfield, 21 Vet. App. 505 (2007). PTSD is rated under 38 C.F.R. § 4.130, DC 9411. The criteria authorize the Veteran's currently assigned 50 percent rating for occupational and social impairment with reduced reliability and productivity due to such symptoms such as impaired judgment, impaired abstract thinking, and disturbances of motivation and mood. Id. A higher 70 percent rating is assigned when PTSD causes 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. The maximum 100 percent rating is warranted for 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. Id. When evaluating a mental disorder, the rating agency shall consider the frequency, severity, and duration of psychiatric symptoms, the length of remissions, and the veteran's capacity for adjustment during periods of remission. The rating agency shall assign an evaluation based on all the evidence of record that bears on occupational and social impairment, rather than solely on the examiner's assessment of the level of disability at the moment of the examination. When evaluating the level of disability from a mental disorder, the rating agency will consider the extent of social impairment but shall not assign an evaluation solely on the basis of social impairment. 38 C.F.R. § 4.126. Upon review of the evidence, the Board finds that a higher 70 percent rating is appropriate. The Veteran submitted a private psychological evaluation, dated June 2018, where the evaluation noted that the Veteran becomes irritable quickly, often losing his temper easily. Additionally, it was noted that the Veteran gets annoyed and gets mad fast, which often leads him to arguments with others. Further, the Veteran was also noted to have passive suicidal ideation. The Veteran was also found to be emotionally cut off and has trouble concentrating. These findings are echoed in an August 2019 mental health note contained in the Veteran's VA treatment records. Specifically, the Veteran was found to be more depressed and more irritable. Further, the Veteran was noted to have more intrusive unwanted thoughts and was hypervigilant all of the time especially in unfamiliar surroundings. These findings show impaired impulse control and near continuous panic or depression consistent with a 70 percent rating. A 100 percent rating, however, is not warranted. The Veteran has not been shown to be unable to perform activities of daily living or disoriented to time or place. On the contrary, an August 2019 VA examination specifically noted that the Veteran was alert, oriented with normal motor behavior and mood. Further, there are no delusions or hallucinations, or reported history of delusions or hallucinations. Additionally, VA medical records dated June 2018 and August 2019 both separately state that the Veteran denied any perceptual disturbances, delusions or obsessions. In summary, the evidence shows impaired impulse control, and other symptoms which might suggest occupational and social impairment consistent with a 70 percent rating. Therefore, a 70 percent rating is warranted for the entire period on appeal. JOHN Z. JONES Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Jorge Barroso, Associate Counsel 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.