Citation Nr: 21007656 Decision Date: 02/10/21 Archive Date: 02/10/21 DOCKET NO. 20-11 066 DATE: February 10, 2021 ORDER Entitlement to an effective date of March 27, 2018, for a 100 percent rating for bipolar disorder is granted. FINDING OF FACT As of March 27, 2018, the Veteran’s bipolar disorder caused total occupational and social impairment. CONCLUSION OF LAW The criteria for an effective date of March 27, 2018, for the award of a 100 percent evaluation for bipolar disorder have been met. 38 U.S.C. § 7105; 38 C.F.R. § 3.400. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from June 1998 to March 2007. Earlier Effective Date The method of determining the effective date of an increased evaluation is set forth in 38 U.S.C. § 5110(a) and (b)(2), and 38 C.F.R. § 3.400(o). The general rule with respect to the effective date of an award of increased compensation is that the effective date of such award “shall not be earlier than the date of receipt of application thereof.” 38 U.S.C. § 5110(a). This statutory provision is implemented by regulation which provides that the effective date for an award of increased compensation will be the date of receipt of claim or the date entitlement arose, whichever is later. 38 C.F.R. § 3.400(o)(1). Bipolar Disorder The Veteran was service connected for bipolar disorder at a 70 percent rating as of his March 27, 2018, claim. See July 2018 rating decision. In August 2018, VA acknowledged receipt of the Veteran’s intent to file (ITF) and a February 2019 rating decision granted a 100 percent rating for the Veteran’s bipolar disorder as of the ITF date, or August 28, 2018. The Veteran is seeking an effective date as of his March 2018 claim for the 100 percent rating of his bipolar disorder. Resolving all reasonable doubt in favor of the Veteran, the Board finds that a 100 percent rating for bipolar disorder is warranted as of the March 27, 2018, grant of service connection. The Veteran’s bipolar disorder is rated pursuant to the General Rating Formula for Mental Disorders (General Rating Formula), Diagnostic Code 9432. A 70 percent disability rating is warranted for 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 disability 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. The symptoms listed in the General Rating Formula are not intended to constitute an exhaustive list, but rather serve as examples of the type and degree of symptoms, or their effects, that would justify a particular rating. Mauerhan v. Principi, 16 Vet. App. 436 (2002). If the evidence demonstrates that the claimant’s psychiatric disorder produces symptoms and resulting occupational and social impairment equivalent to that set forth in the criteria for a given rating, then that rating will be assigned. Mauerhan, 16 Vet. App. at 443. The Veteran’s April 2018 VA examination noted symptoms of aggression towards his wife, depression, anxiety, chronic sleep impairment, impaired judgment, disturbances of motivation and mood, difficulty in establishing and maintaining effective work and social relationships, difficulty in adapting to stressful circumstances, including a work-like setting, suicidal ideation, obsessional rituals which interfered with routine activities, impaired impulse control, such an unprovoked irritability with periods of violence, instability of mood, impaired judgment, and impulsive decision making during manic episodes. The examiner specifically noted that during exacerbation of depression/mania, the Veteran’s functioning deteriorates to total occupational and social impairment. The examiner also noted that the Veteran was prohibited from carrying a weapon while training in the Reserves. A December 2018 private examination noted the Veteran also had symptoms of persistent delusions or hallucinations, a persistent danger of hurting himself or others, and an intermittent inability to perform activities of daily living. (Continued on the next page)   After review of the evidence, the Board finds that the Veteran meets the criteria for a 100 percent rating as of his March 2018 claim. JOHN Z. JONES Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board A. Parrish, 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.