180814-240

CourtBoard of Veterans' Appeals
DecidedMarch 19, 2019
Docket180814-240
StatusUnpublished

This text of 180814-240 (180814-240) is published on Counsel Stack Legal Research, covering Board of Veterans' Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
180814-240, (bva 2019).

Opinion

Citation Nr: AXXXXXXXX Decision Date: 03/19/19 Archive Date: 03/19/19

DOCKET NO. 180814-240 DATE: March 19, 2019

ORDER

A rating in excess of 50 percent for posttraumatic stress disorder (PTSD) with alcohol abuse is denied.

Service connection for a liver disorder is denied.

Service connection for ischemic heart disease (IHD) is denied.

Service connection for left upper extremity peripheral neuropathy is denied.

Service connection for right upper extremity peripheral neuropathy is denied.

Service connection for hypertensive heart disease is granted.

Service connection for hypertension is granted.

As of January 29, 2015, a total disability rating based on individual unemployability due to service-connected disabilities (TDIU) is granted.

FINDINGS OF FACT

1. For the entire appeal period, the Veteran’s PTSD with alcohol abuse has been manifested by symptomatology resulting in occupational and social impairment with reduced reliability and productivity, without more severe manifestations that more nearly approximate occupational and social impairment with deficiencies in most areas, or total occupational and social impairment.

2. At no time during the pendency of the claim does the Veteran have a current disability related to a liver disorder, and the record does not contain a recent diagnosis of disability prior to the Veteran’s filing of a claim.

3. At no time during the pendency of the claim does the Veteran have a current disability of IHD, and the record does not contain a recent diagnosis of disability prior to the Veteran’s filing of a claim.

4. At no time during the pendency of the claim does the Veteran have a current disability of left upper extremity peripheral neuropathy, and the record does not contain a recent diagnosis of disability prior to the Veteran’s filing of a claim.

5. At no time during the pendency of the claim does the Veteran have a current disability of right upper extremity peripheral neuropathy, and the record does not contain a recent diagnosis of disability prior to the Veteran’s filing of a claim.

6. Resolving all doubt in the Veteran’s favor, his hypertensive heart disease was aggravated by his service-connected PTSD with alcohol abuse.

7. Resolving all doubt in the Veteran’s favor, his hypertension was aggravated by his service-connected PTSD with alcohol abuse.

8. Resolving all doubt in the Veteran’s favor, his service-connected disabilities rendered him unable to secure or follow a substantially gainful occupation as of January 29, 2015.

CONCLUSIONS OF LAW

1. The criteria for a rating in excess of 50 percent for PTSD with alcohol abuse 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, Diagnostic Code 9411.

2. The criteria for service connection for a liver disorder have not been met. 38 U.S.C. §§ 1110, 5107; 38 C.F.R. §§ 3.102, 3.303, 3.310.

3. The criteria for service connection for IHD have not been met. 38 U.S.C. §§ 1110, 1116, 5107; 38 C.F.R. §§ 3.102, 3.303, 3.307, 3.309, 3.310.

4. The criteria for service connection for left upper extremity peripheral neuropathy have not been met. 38 U.S.C. §§ 1110, 5107; 38 C.F.R. §§ 3.102, 3.303, 3.310.

5. The criteria for service connection for right upper extremity peripheral neuropathy have not been met. 38 U.S.C. §§ 1110, 5107; 38 C.F.R. §§ 3.102, 3.303, 3.310.

6. The criteria for service connection for hypertensive heart disease have been met. 38 U.S.C. §§ 1110, 5107; 38 C.F.R. §§ 3.102, 3.303, 3.310.

7. The criteria for service connection for hypertension have been met. 38 U.S.C. §§ 1110, 5107; 38 C.F.R. §§ 3.102, 3.303, 3.310.

8. As of January 29, 2015, the criteria for entitlement to a TDIU have been met. 38 U.S.C. §§ 1155, 5107; 38 C.F.R. §§ 3.40, 3.341, 4.16.

REASONS AND BASES FOR FINDINGS AND CONCLUSIONS

On August 23, 2017, the President signed into law the Veterans Appeals Improvement and Modernization Act, Pub. L. No. 115-55 (to be codified as amended in scattered sections of 38 U.S.C.), 131 Stat. 1105 (2017), also known as the Appeals Modernization Act (AMA). This law creates a new framework for Veterans dissatisfied with VA’s decision on their claim to seek review. The Board is honoring the Veteran’s choice to participate in VA’s test program RAMP, the Rapid Appeals Modernization Program.

The Veteran served on active duty from March 1964 to July 1970, to include service in the Republic of Vietnam. The Veteran selected the Higher-Level Review lane when he submitted the RAMP election form. Accordingly, the July 2018 RAMP rating decision considered the evidence of record as of the date VA received the RAMP election form. In August 2018, the Veteran timely appealed this RAMP rating decision to the Board and requested the Evidence Submission review lane, allowing him 90 days to submit evidence pertinent to his claims. Subsequently, in November 2018, the Veteran, through his representative, timely submitted additional evidence and argument, which is considered herein.

In the July 2018 RAMP rating decision, the AOJ found that new and relevant evidence was submitted to warrant readjudicating the claims for service connection for hypertensive heart disease and hypertension. The Board is bound by this favorable finding. AMA, Pub. L. No. 115-55, § 5104A, 131 Stat. 1105, 1106-07.

INCREASED RATING

1. Entitlement to a rating in excess of 50 percent for PTSD with alcohol abuse from January 29, 2015, to May 8, 2018.

The Veteran claims that his PTSD with alcohol abuse is more severe than as reflected by the currently assigned 50 percent rating. Therefore, he contends that he is entitled to a higher rating for such disability.

Disability ratings are determined by applying a schedule of ratings that is based on average impairment of earning capacity. Separate diagnostic codes identify the various disabilities. 38 U.S.C. §1155, 38 C.F.R., Part 4. Each disability must be viewed in relation to its history and the limitation of activity imposed by the disabling condition should be emphasized. 38 C.F.R.

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180814-240, Counsel Stack Legal Research, https://law.counselstack.com/opinion/180814-240-bva-2019.