Citation Nr: 21029664 Decision Date: 05/14/21 Archive Date: 05/14/21 DOCKET NO. 19-03 445 DATE: May 14, 2021 ORDER Prior to March 10, 1988, an initial rating higher than 50 percent for a mood disorder and posttraumatic stress disorder (PTSD) is denied. From March 10, 1988, an initial 100 percent rating for a mood disorder and PTSD is granted. FINDINGS OF FACT 1. Prior to March 10, 1988, the Veteran did not have severe impairment in his ability to establish and maintain effective relationships or maintain employment because of his mood disorder and PTSD. 2. From March 10, 1988, the Veteran experienced incapacitating psychoneurotic symptoms with disturbed thought or behavioral processes such as panic and hallucinations, and later demonstrably unable to secure or maintain employment. CONCLUSIONS OF LAW 1. Prior to March 10, 1988, the criteria for an initial rating higher than 50 percent for a mood disorder and PTSD have not been met. 38 U.S.C. §§ 1155, 5107; 38 C.F.R. §§ 4.1, 4.2, 4.3, 4.7, 4.126, 4.130, 4.132 (in effect prior to November 7, 1996). 2. From March 10, 1988, the criteria for an initial 100 percent rating for a mood disorder and PTSD have been met. 38 U.S.C. §§ 1155, 5107; 38 C.F.R. §§ 4.1, 4.2, 4.3, 4.7, 4.126, 4.130, 4.132 (in effect prior to November 7, 1996). REASONS AND BASES FOR FINDINGS AND CONCLUSIONS The Veteran had active service in the U.S. Army from August 1971 to August 1972, with 192 days of non-pay periods of time lost. This matter comes before the Board of Veterans' Appeals (Board) on appeal from an April 2016 rating decision which granted service connection for a mood disorder and PTSD and assigned a 50 percent rating effective from August 10, 1972, and a 100 percent rating from November 14, 2007. The Veteran has appealed the rating in effect prior to November 14, 2007. He testified before the undersigned Veterans Law Judge at a Board hearing in April 2021. A transcript of the hearing will be associated with the file at a later date. As indicated, the rating period for the Veteran's disability spans several decades. During this time, the regulations pertaining to the evaluation of psychiatric disabilities were revised as of November 7, 1996. Prior to November 7, 1996, the diagnostic codes pertaining to psychoneurotic disorders provided for a 50 percent rating when the ability to maintain effective or favorable relationships with people is considerably impaired, and by reason of psychoneurotic symptoms is the reliability, flexibility and efficiency levels were so reduced as to the result in considerable industrial impairment. A 70 percent rating is assigned where the ability to establish and maintain effective or favorable relationships with people was severely impaired, with psychoneurotic symptoms of such severity and persistence that there is severe impairment in the ability to obtain or maintain employment. A 100 percent rating is assigned where the attitudes of all contacts except the most intimate were so adversely affected as to result in virtual isolation in the community; or totally incapacitating psychoneurotic symptoms bordering on gross repudiation of reality with disturbed thought or behavioral processes associated with almost all daily activities such as fantasy, confusion, panic and explosions of aggressive energy resulting in profound retreat from mature behavior, or demonstrably unable to obtain or retain employment. 38 C.F.R. § 4.132 (1996). Before March 10, 1988 During this period, an initial rating higher than 50 percent is not warranted. In June 1972, shortly before his discharge, the Veteran underwent a psychological examination. He was noted to have labile control of his emotional responses, outbursts of temper, withdrawal from interpersonal relationships, impaired insight and judgment, and inadequate industrial adaptation. Although this may indicate a level of impairment consistent with the above criteria for a 70 percent rating, the Veteran's 1994 private treatment records show that he worked for the railroad after service until 1990, and there are additional financial documents in his claims file to corroborate this. Moreover, medical records generated during the mid-1980's show treatment for various unrelated conditions without reference to his psychiatric impairment. Collectively, this evidence indicates that, after service, the Veteran may have had significant impairment from his service-connected disability, but he did not severe impairment in the ability to obtain or maintain employment or maintain effective relationships. As discussed below, there is documentation of inpatient treatment of his psychiatric disability as of March 10, 1988. The Board acknowledges that the Veteran reported a history of additional treatment, including in-patient treatment, prior to that date. However, without more specific documentation, the exact onset of the Veteran's increased level of disability cannot be determined with any certainty. As seen below, the earliest that that it can be factually ascertained that he met the criteria for the higher rating is March 10, 1988. From March 10, 1988 Private treatment records from this date show the Veteran was admitted on an in-patient basis for about one month for treatment of an anxiety reaction with depression. In September 1994, he was admitted again for one week. Records from February 1995 noted severe psychosis which rendered him totally disabled. Social Security Administration records from June 1995 noted some suicidal ideation and the presence of hallucinations when he does not sleep. In July 1999, he was admitted on an in-patient basis for about ten days secondary to depression, panic attacks and visual hallucinations. He was also noted to have some suicidal ideation. VA treatment records from August 1999 also noted the presence of suicidal ideation. In August 2000, he was again admitted as an in-patient for about two weeks secondary to hallucinations. These recurring inpatient hospitalizations, as well as subsequently generated records, show that the Veteran was demonstrably unable to secure or maintain employment, and experienced incapacitating psychoneurotic symptoms with disturbed thought or behavioral processes such as panic and hallucinations, consistent with the criteria for the 100 percent rating. JOHN Z. JONES Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Shamil Patel, 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.