Citation Nr: 21010598 Decision Date: 02/25/21 Archive Date: 02/25/21 DOCKET NO. 14-37 446 DATE: February 25, 2021 ORDER Entitlement to a 100 percent rating for posttraumatic stress disorder (PTSD), formerly evaluated as chronic adjustment disorder, is granted throughout the entire period under appeal, subject to the criteria applicable to the payment of monetary benefits. Entitlement to a total disability rating based on individual unemployability (TDIU), due to service-connected disabilities is dismissed. FINDINGS OF FACT 1. During the entire period on appeal, the occupational and social impairment from the Veteran’s PTSD has most nearly approximated total. 2. A TDIU is considered a lesser benefit than a 100 percent schedular rating, and the grant of a 100 percent rating renders moot the issue of entitlement to a TDIU for the period when the 100 percent rating is in effect. CONCLUSIONS OF LAW 1. The criteria for a rating of 100 percent for PTSD have been met for the entire period on appeal. 38 U.S.C. § §§ 1155, 5107 (2012); 38 C.F.R. § §§ 4.3, 4.7, 4.130, Diagnostic Code 9411 (2020). 2. Entitlement to a TDIU rating is dismissed as moot. VAOPGCPREC 6-99; 64 Fed. Reg. 52, 375 (1999). REASONS AND BASES FOR FINDINGS AND CONCLUSIONS Introduction The Veteran served on active duty from August 2005 to July 2011 and is the recipient of the Combat Action Badge and Purple Heart Medal. Legal Criteria Disability evaluations are determined by the application of the VA’s Schedule for Rating Disabilities (Rating Schedule). 38 C.F.R. Part 4 (2020). The percentage ratings in the Rating Schedule represent, as far as can be practicably determined, the average impairment in earning capacity resulting from diseases and injuries incurred or aggravated during military service and their residual conditions in civil occupations. 38 U.S.C. § 1155 (2012); 38 C.F.R. §§ 3.321 (a), 4.1 (2020). Where a question arises as to which of two ratings applies under a particular code, the higher rating is assigned if the disability more closely approximates the criteria for the higher rating. 38 C.F.R. § 4.7 (2020). It is not expected, especially with the more fully described grades of disabilities, that all cases will show all the findings specified; findings sufficiently characteristic to identify the disease and the disability therefrom are sufficient; and above all, a coordination of rating with impairment of function will be expected in all cases. 38 C.F.R. § 4.21 (2020). Factual Background and Analysis The Veteran initiated a claim for service connection for an acquired psychiatric disorder in June 2011. The RO granted service connection for a chronic adjustment disorder in a December 2012 rating decision and assigned a 30 percent disability rating. Thereafter, the Veteran initiated a timely notice of disagreement with the assigned disability evaluation, and also submitted a claim for entitlement to a TDIU rating in the course of the appeal period. His claim for a TDIU rating has been included in this appeal, as part of the consideration for an appropriate rating for his acquired psychiatric disorder. The Veteran recently underwent a VA examination, wherein the examiner found a diagnosis of PTSD is warranted and represents a progression of the prior diagnosis of chronic adjustment disorder. For that reason, the Board has characterized his disability as stated in the title page above. The Board disagrees with the assigned 30 percent disability rating, and for reasons explained below, finds a 100 percent schedular rating is warranted throughout the entire appeal period. PTSD is rated under the General Rating Formula for Mental Disorders. In pertinent part, it provides the following: Occupational and social impairment with reduced reliability and productivity due to such symptoms as: flattened affect; circumstantial, circumlocutory, or stereotyped speech; panic attacks more than once a week; difficulty in understanding complex commands; impairment of short- and long-term memory (e.g., retention of only highly learned material, forgetting to complete tasks); impaired judgment; impaired abstract thinking; disturbances of motivation and mood; difficulty in establishing and maintaining effective work and social relationships.............................................................................................................50 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 worklike setting); inability to establish and maintain effective relationships.........................70 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...........100 38 C.F.R. § 4.130, Diagnostic Code 9411. The symptoms considered in determining the level of impairment under the Rating Schedule for PTSD are not restricted to the symptoms provided in the diagnostic code. Instead, VA must consider all symptoms of a claimant’s condition that affect the level of occupational and social impairment. The Board has carefully reviewed the Veteran’s treatment reports from the Milwaukee and Iron Mountain VA Medical Centers. The Board has also thoroughly reviewed the results of VA examinations conducted in October 2012 and March 2018. Further, the Board has also prudently considered the Veteran’s own statements. In sum, those records show the Veteran received limited mental health care throughout the period of this appeal. However, the above-noted evidence shows the Veteran has experienced several significant symptoms and impairments, which include: severely depressed mood, anxiety, suspiciousness, trouble sleeping, panic attacks more than once a week, considerably impaired memory, impaired judgment, disturbances of motivation and mood, impaired work and social relationships, flattened affect, trouble concentrating, difficulty with stressful circumstances, inability to maintain effective relationships, and difficulty adapting to stressful circumstances. Further, the evidence shows the Veteran has also experienced a divorce, and has been unable to maintain employment. In particular, the evidence indicates the Veteran has only been employed from April to August 2013 throughout the entire appeal period. Additionally, the evidence shows that following his 2007 and 2008 deployments to Afghanistan the Veteran was arrested for driving under the influence and disorderly conduct/trespassing. The record also indicates the Veteran was unable to complete his college courses, and has self-medicated with alcohol. Additionally, the evidence shows the Veteran was denied benefits by the Social Security Administration for failure to cooperate. Finally, the Board notes the Veteran’s service treatment records indicate he was found unfit for military service as a result of his psychiatric disorder, and subsequently received a disability retirement. In this case, the copious evidence plainly establishes the Veteran’s psychiatric manifestations have resulted in deficiencies in all areas of life functioning. Specifically, his symptoms have significantly impaired his ability to work, caused him marked social impairments, interfered with his ability to complete college courses, caused deficiencies in judgment, interrupted his ability to think, and resulted in severe mood impairments. As noted above, the 100 percent evaluation criteria does not indicate total occupational and social preclusion; rather, it merely states a veteran must have total impairment. As such, the Board has afforded the Veteran the benefit of the doubt and finds his disability picture more nearly approximates the criteria necessary for a 100 percent rating for the entire period on appeal. In closing, the Board notes a TDIU is considered a lesser benefit than a 100 percent schedular rating, and the grant of a 100 percent rating renders moot the issue of entitlement to a TDIU for the period when the 100 percent rating is in effect. VAOPGCPREC 6-99; 64 Fed. Reg. 52, 375 (1999). As such, this issue is dismissed, because a 100 percent schedular rating has been assigned throughout the entire appeal period. T. REYNOLDS Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board G. Fraser, 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.