Case A26034927

C.A. SKOW · 2026 · Case ID: A26034927

MIXED

Summary

The veteran, who served from June 1986 to March 1988, appeals the denial of an increased rating for PTSD and the assigned effective date for service connection for both PTSD and deep vein thrombosis (DVT). The Board granted service connection for PTSD with an effective date of October 20, 2022, based on continuous pursuit of the claim starting with a VA Form 21-526EZ filed on that date. The Board also granted service connection for DVT with an effective date of November 30, 2023, based on an intent to file and subsequent claim. Regarding the increased rating for PTSD, the Board reviewed the evidence, including VA treatment records and a December 2024 VA medical opinion which found PTSD related to service. The Board analyzed the symptoms against the VA Schedule for Rating Disabilities for mental disorders, concluding that while the veteran's symptoms aligned with a 70 percent rating (including difficulty adapting to stress, impaired impulse control, and intermittent panic), they did not meet the criteria for total occupational and social impairment required for a 100 percent rating. The Board noted the veteran works full-time, denies suicidal ideations, and maintains some family relationships, indicating less than total impairment. Therefore, the claim for an increased rating above 70 percent for PTSD was denied.

Rationale

Continuous pursuit of claim established from October 20, 2022.; Entitlement arose prior to claim date based on VA treatment records and favorable VA medical opinion.; Effective date of October 20, 2022, is the later of claim date and entitlement arose date.

Special Benefit

NO SPECIAL BENEFIT

Docket No.

251210-613430

Full Decision Text

Citation Nr: A26034927
Decision Date: 04/15/26 Archive Date: 04/15/26

DOCKET NO. 251210-613430
DATE: April 15, 2026

ORDER

An effective date of October 20, 2022, and not earlier, for award of service connection for posttraumatic stress disorder (PTSD) is granted.

An effective date of November 30, 2023, and not earlier, for award of service connection for deep vein thrombosis (DVT) is granted.

A rating in excess of 70 percent from August 1, 2024, for PTSD is denied.

FINDINGS OF FACT

1. The Veteran continuously pursued his claim for service connection for PTSD from October 20, 2022, the date VA received his VA Form 21-526EZ claim for service connection for PTSD; the entitlement arose is not later than the date of claim.

2. The Veteran continuously pursued his claim for service connection for DVT from November 30, 2023, the date VA received his VA Form 21-0966, Intent to File, followed by his February 2024 VA Form 21-526EZ claim for service connection for DVT; the date entitlement arose is not later than that date.

3. The more persuasive evidence of record weighs against finding the Veteran's PTSD is more nearly manifested by total occupational and social impairment due to the severity, frequency, and duration of mental health symptoms.

CONCLUSIONS OF LAW

1. The criteria for an effective date of October 20, 2022, and not earlier, for award of service connection for PTSD have been met. 38 U.S.C. §§ 5101, 5110; 38 C.F.R. §§ 3.400, 3.2500.

2. The criteria for an effective date of November 30, 2023, and not earlier, for award of service connection for DVT have been met. 38 U.S.C. §§ 5101, 5110; 38 C.F.R. §§ 3.400, 3.2500.

3. The criteria for a rating in excess of 70 percent from August 1, 2024, for PTSD have not been met. 38 U.S.C. §§ 1155, 5107; 38 C.F.R. §§ 4.1, 4.3, 4.7, 4.126, 4.130, Diagnostic Code 9411.

REASONS AND BASES FOR FINDINGS AND CONCLUSIONS

The Veteran served on active duty from June 1986 to March 1988.

The rating decision on appeal was issued on December 23, 2024, and constitutes an initial decision; therefore, the modernized review system, also known as the Appeals Modernization Act (AMA), applies.

In the December 2025VA Form 10182, Decision Review Request: Board Appeal (Notice of Disagreement), the Veteran elected the Direct Review docket. Therefore, the Board may only consider the evidence of record at the time of the December 23, 2024, agency of original jurisdiction (AOJ) decision on appeal. 38 C.F.R. § 20.301. Any evidence submitted after the AOJ decision on appeal cannot be considered by the Board. 38 C.F.R. §§ 20.300, 20.301, 20.801.

If the Veteran would like VA to consider any evidence that was submitted that the Board could not consider, the Veteran may file a Supplemental Claim (VA Form 20-0995) and submit or identify this evidence. 38 C.F.R. § 3.2501. If the evidence is new and relevant, VA will issue another decision on the claims, considering the new evidence in addition to the evidence previously considered. Id. Specific instructions for filing a Supplemental Claim are included with this decision.

No issues have been raised by the Veteran, or his representative, or reasonably raised by the record. See Doucette v. Shulkin, 28 Vet. App. 366 (2017). Specifically, the Veteran has not asserted, and the record does not raise a claim for entitlement to a total disability due to individual unemployability (TDIU) as part of the initial increased rating claim. See Rice v. Shinseki, 22 Vet. App. 447 (2009); see also C&P Exam (January 2023) (showing that the Veteran is currently working); C&P Exam (December 2024) (showing that the Veteran is currently working).

Effective Dates

Generally, except as otherwise provided, the effective date of an award of disability compensation based on an original
the record. See Doucette v. Shulkin, 28 Vet. App. 366 (2017). Specifically, the Veteran has not asserted, and the record does not raise a claim for entitlement to a total disability due to individual unemployability (TDIU) as part of the initial increased rating claim. See Rice v. Shinseki, 22 Vet. App. 447 (2009); see also C&P Exam (January 2023) (showing that the Veteran is currently working); C&P Exam (December 2024) (showing that the Veteran is currently working).

Effective Dates

Generally, except as otherwise provided, the effective date of an award of disability compensation based on an original claim shall be the date of receipt of the claim or the date entitlement arose, whichever is later. 38 U.S.C. § 5110(a); 38 C.F.R. § 3.400. Unless otherwise provided, the effective date of compensation will be fixed in accordance with the facts found but will not be earlier than the date of receipt of the claimant's application. 38 U.S.C. § 5110(a). If a claim is filed within one year after separation from service, the effective date for service connection will be the day following separation from active service or date entitlement arose. 38 C.F.R. § 3.400(b)(2).

As of March 24, 2015, VA requires that all claims governed by VA's adjudication regulations be filed on standard forms prescribed by the Secretary, regardless of the type of claim or posture in which the claim arises. See 38 U.S.C. § 5101(a) (2012); 38 C.F.R. § 3.151(a); see also 79 Fed. Reg. 57660 (Sept. 25, 2014).

If a veteran files an intent to file a claim, and VA receives a complete application form prescribed by the Secretary appropriate to the benefit sought within one year of the receipt of the intent to file a claim, VA will consider the complete claim filed as of the date the intent to file a claim was received. 38 C.F.R. § 3.155(b). The provisions of 38 C.F.R. § 3.155(d)(1)(ii) provide, however, that only one complete claim for a benefit may be associated with each intent to file a claim for that benefit, although multiple issues may be listed within a complete claim for a benefit. 38 C.F.R. § 3.155(d)(1)(ii). In the event that multiple complete claims for a benefit are filed within one year of an intent to file a claim for that benefit, only the first claim filed will be associated with the intent to file a claim. 38 C.F.R. § 3.155(d)(1)(ii).

Under the AMA, an effective date can be preserved if the claim is continuously pursued by filing an appropriate administrative review option to an AMA decision, generally within one year from when the notice of a decision was issued. 38 C.F.R. § 3.2500(a)(1). If an AMA claim is continuously pursued, it will be considered filed as of the date of the first claim in the continuously pursued chain, not the date the most recent request for review was received. 38 C.F.R. § 3.2500(h). Following notice of a decision on an initial claim or a supplemental claim, continuous pursuit can be established by filing a supplemental claim, requesting higher-level review, or requesting an appeal to the Board. 38 C.F.R. § 3.2500(c)(1).

VA intended the AMA to broadly recognize three types of claims: a supplemental claim, an initial claim, and a claim for increase. 84 Fed. Reg. 138, 139 (Jan 18, 2019). However, the Court of Appeals for Veterans Claims (Court) has held that VA regulations governing administrative review options are claims-processing rules and recently held that a supplemental claim need not be filed on a specific VA form. See Hall v. McDonough, 34 Vet. App. 329, 333 (2021); see also Chisholm v. Collins, 38 Vet. App. 140 (2025).

1. Entitlement to an effective date prior to August 1, 2024, for award of service connection for PTSD.

The December 23, 2024, rating decision awarded service connection for PTSD effective from August 1, 2024. See Rating Decision (December 2024). This appeal arises from the Veteran's disagreement with the effective date assigned for that award. See VA Form 10182 (December 2025).

The Board concludes that the criteria for an effective date of October 20
. See Hall v. McDonough, 34 Vet. App. 329, 333 (2021); see also Chisholm v. Collins, 38 Vet. App. 140 (2025).

1. Entitlement to an effective date prior to August 1, 2024, for award of service connection for PTSD.

The Board concludes that the criteria for an effective date of October 20, 2022, but no earlier, for the award of service connection for PTSD have been met. 38 U.S.C. § 5110(a); 38 C.F.R. §§ 3.400, 3.2500.

Turning to the evidence of record, on October 20, 2022, VA received the Veteran's VA Form 21-526EZ, Application for VA Compensation seeking entitlement to service connection for PTSD. See VAF 21-526EZ (October 2022). An October 31, 2023, rating decision denied the claim and a November 2023 VA letter notified him of this decision. See Rating Decision (October 2023); Notification Letter (November 2023). On August 1, 2024, VA received his VA Form 20-0996, Request for Higher Level Review (HLR) requesting review the October 2023 rating decision's denial of the claim for PTSD. See VAF 20-0995 (August 2024). A November 2023 HLR rating decision found a duty-to-assist error in its prior adjudication of the PTSD claim and transferred that claim to the supplemental claim decision review option for additional development. See Rating Decision (November 2023); VAF 20-0999 (November 2023). Following the additional development, the December 23, 2024, rating decision on appeal granted service connection for PTSD from August 1, 2024. See Rating Decision (December 2024).

The Board finds that the date of claim is October 20, 2022, for service connection for PTSD, but no earlier; and that this is the later of the date of claim and date entitlement arose.

First, the date of claim is October 20, 2022, based on continuous pursuit of the claim for service connection from that date. The record shows that VA received the Veteran's VA Form 21-526EZ claim for service connection for PTSD on October 20, 2022, and an October 2023 rating decision denied the claim; however, he submitted a timely August 1, 2024, HLR request of that decision and a November 2023 HLR rating decision identified a duty to assist error. Following correction of the error, the claim was transferred to the supplemental claim decision review lane and then granted in a December 2024 supplemental rating decision. Continuous pursuit of the claim for service connection is established from the date of his October 20, 2022, VA Form 21-526EZ claim for VA compensation for PTSD. Therefore, the date of claim is October 20, 2022. See 38 C.F.R. § 3.2500(c), (h).

An effective date of October 20, 2022, is the earliest possible date in this matter. The Veteran separated from active service in 1988, and the record does not show he filed an original VA compensation claim until October 2014, which did not specify seeking service connection for a mental health disorder but included a claim for a "head injury." See VAF 21-526 (October 2024). To the extent that his "head injury" claim could potentially concern a mental health condition, that claim was denied in a December 2015 rating decision. See Rating Decision (December 2015). The December 2015 rating decision is final as no notice of disagreement nor new and material evidence was received within a year of VA's notification of that denial. See 38 U.S.C. § 7105; 38 C.F.R. §§ 3.104, 3.156(b), 20.1103. There is no subsequent formal VA application until October 2022, which included his claim for service connection for PTSD. See 38 C.F.R. § 3.151(a).

Second, the date entitlement arose determined on a facts-found basis, including the date the disability first manifested occurred prior to VA's receipt of the Veteran's initial claim. Here, VA treatment records reflect starting in March 2022 show the Veteran requested mental
rating decision is final as no notice of disagreement nor new and material evidence was received within a year of VA's notification of that denial. See 38 U.S.C. § 7105; 38 C.F.R. §§ 3.104, 3.156(b), 20.1103. There is no subsequent formal VA application until October 2022, which included his claim for service connection for PTSD. See 38 C.F.R. § 3.151(a).

Second, the date entitlement arose determined on a facts-found basis, including the date the disability first manifested occurred prior to VA's receipt of the Veteran's initial claim. Here, VA treatment records reflect starting in March 2022 show the Veteran requested mental health treatment for PTSD symptoms and his reported symptomatology later supported a diagnosis of PTSD conforming to criteria under the Diagnostic Statistical Manual of Mental Disorders (DSM-5). See CAPRI at 141 (November 2022); C&P Exam (January 2023). Additionally, a December 2024 VA medical opinion concluded that the Veteran's PTSD is directly related to stressors during his military service. See C&P Exam (December 2024). Given the evidence of record, the Board finds the record demonstrates the Veteran satisfied the elements of direct service connection and showing entitlement arose prior to October 20, 2022, date of claim.

Given the foregoing, the effective for the award of service connection is October 20, 2022, as this is later of date of claim and date entitlement arose. There is no legal basis for the assignment of an earlier effective date for the award of service connection for PTSD. See 38 U.S.C. § § 5110; 38 C.F.R. § 3.400.

Accordingly, to the extent that the criteria for an effective date of October 20, 2022, but not earlier, for the award of service connection for PTSD are met, the appeal is granted.

2. Entitlement to an effective date prior to August 1, 2024, for award of service connection for DVT.

The December 23, 2024, rating decision awarded service connection for DVT effective from August 1, 2024. See Rating Decision (December 2024). This appeal arises from the Veteran's disagreement with the assigned effective date for the award of service connection. See VA Form 10182 (December 2025).

The Board concludes that the criteria for an effective date of November 30, 2023, but no earlier, for the award of service connection for DVT have been met. 38 U.S.C. § 5110(a); 38 C.F.R. §§ 3.400, 3.2500.

Turning to the evidence of record, on November 30, 2023, VA received the Veteran's VA Form 21-0966, Intent to File, which was followed by his February 2024 VA Form 21-526EZ, Application for VA Compensation seeking entitlement to service connection for DVT. See VAF 21-0966 (November 2023); VAF 21-526EZ (February 2024). A May 10, 2024, rating decision denied his service connection claim. See Rating Decision (May 2024). On August 1, 2024, VA received his VA Form 20-0996, Request for Higher Level Review (HLR) requesting review the May 2024 rating decision's denial of the claim for DVT. See VAF 20-0995 (August 2024). A November 2023 HLR rating decision found a duty-to-assist error in its prior adjudication of the DVT and transferred the claim to the supplemental claim decision review option for additional development. See Rating Decision (November 2023); VAF 20-0999 (November 2023). Following the additional development, the December 23, 2024, rating decision on appeal granted service connection for DVT effectuated from August 1, 2024. See Rating Decision (December 2024).

The Board finds that the date of claim is date of November 30, 2023, for the award of service connection for DVT, but no earlier; and that this is the later of the date of claim and date entitlement arose.

First, the date of claim is November 30, 2023, based on continuous pursuit of the claim for service connection from that date. The record shows that on November 30, 2023, VA received the Veteran's Intent to File followed by his February 2024 VA Form 21-526EZ claim for service connection for DVT. See 38 C.F.R. § 3.155(b). A May 2024 rating decision denied the claim, however, he submitted a timely August 1, 2024, HLR request of that decision and a November 2024 HLR rating decision identified a duty to assist error. Following correction of the error, the claim was transferred to the supplemental claim decision review lane and then granted in a December 2024 supplemental rating decision. Continuous pursuit of the claim for service connection is established from the date of his November 30, 2023 intent to file. Therefore, the date of claim is November 30, 2023. See 38 C.F.R. § 3.2500(c), (h).

The Veteran does not assert, and the record does not demonstrate that an earlier date of claim than November 30, 2023, is possible in this matter. The Veteran separated from active service in 1988, and the record does not show he filed a VA claim for compensation for DVT until February 2024.

Second, the date entitlement arose determined on a facts-found basis, including the date the disability first manifested occurred prior to VA's receipt of the Veteran's initial claim. Here, VA treatment records reflect starting in 2015 first show diagnosis of chronic DVT. See CAPRI at 38 (July 2015). Additionally, a December 2024 rating decision contains a favorable finding that the Veteran's DVT is directly related to his military service and the Board is bound by this favorable finding. See 38 C.F.R. § 3.104; see also Rating Decision (December 2024).

Given the foregoing, the effective for the award of service connection for DVT is November 30, 2023, as this is later of date of claim and date entitlement arose. There is no legal basis for the assignment of an earlier effective date for the award of service connection for DVT. See 38 U.S.C. § § 5110; 38 C.F.R. § 3.400.

Accordingly, to the extent that the criteria for an effective date of November 30, 2023, but not earlier, for the award of service connection for DVT are met, the appeal is granted.

Evaluations

Disability ratings are determined by applying the criteria set forth in the VA Schedule for Rating Disabilities (Schedule), found in 38 C.F.R. Part 4. The Schedule is primarily a guide in the evaluation of disability resulting from all types of diseases and injuries encountered as a result of or incident to military service. The ratings are intended to compensate, as far as can practicably be determined, the average impairment of earning capacity resulting from such diseases and injuries and their residual conditions in civilian occupations. 38 U.S.C. § 1155; 38 C.F.R. § 4.1. Where there is a question as to which of two evaluations shall be applied, the higher evaluation will be assigned if the disability picture more nearly approximates the criteria for that rating. Otherwise, the lower rating will be assigned. 38 C.F.R. § 4.7. When reasonable doubt arises as to the degree of disability, such doubt will be resolved in the veteran's favor. 38 C.F.R. § 4.3.

Where an appeal is based on an initial rating for a disability, however, evidence contemporaneous with the claim and the initial rating decision are most probative of the degree of disability existing when the initial rating was assigned and should be the evidence "used to decide whether an original rating on appeal was erroneous." Fenderson v. West, 12 Vet. App. 119, 126 (1999). In either case, if later evidence indicates that the degree of disability increased or decreased following the assignment of the initial rating, staged ratings may be assigned for separate periods of time. Fenderson, 12 Vet. App. at 126; Hart v. Mansfield, 21 Vet. App. 505 (2007) (noting that staged ratings are appropriate whenever the factual findings show distinct time periods in which a disability exhibits symptoms that warrant different ratings). When adjudicating an increased rating claim
disability existing when the initial rating was assigned and should be the evidence "used to decide whether an original rating on appeal was erroneous." Fenderson v. West, 12 Vet. App. 119, 126 (1999). In either case, if later evidence indicates that the degree of disability increased or decreased following the assignment of the initial rating, staged ratings may be assigned for separate periods of time. Fenderson, 12 Vet. App. at 126; Hart v. Mansfield, 21 Vet. App. 505 (2007) (noting that staged ratings are appropriate whenever the factual findings show distinct time periods in which a disability exhibits symptoms that warrant different ratings). When adjudicating an increased rating claim, the relevant time period for consideration is the time period one year before the claim was filed. Hart, 21 Vet. App. at 509.

Entitlement to a rating in excess of 70 percent from August 1, 2024, for PTSD.

A December 23, 2024, rating decision on appeal awarded service connection for PTSD and assigned a 70 percent rating, effective from August 1, 2024. See Rating Decision (December 2024). This appeal arises from the Veteran's disagreement with the initial assigned rating; but neither he nor his representative advanced a specific argument for assignment of a higher rating. See VA 10182 (December 2025). Thus, the rating review period begins August 1, 2024, and ends December 23, 2024.

Although the above favorable decision granted an earlier effective date of October 20, 2022, for award of service connection for PTSD based on continuous pursuit of initial claim under the AMA, the assignment of the initial rating for that period will be addressed by the AOJ in the first instance and is a downstream issue from which the Veteran can separately appeal. See Grantham v. Brown, 114 F.3d 1156, 1158-59 (Fed. Cir. 1997) (the initial decision is the one that first addresses the downstream issue). If the Board were to assign a rating for a newly service-connected period in the first instance, it will deprive the Veteran of the right to appellate review by the Secretary, colloquially known as the "two bites at the apple" rule. See 38 U.S.C. § 7104(a). Therefore, the Board finds that the rating review period addressed herein is limited to the period starting from August 1, 2024, and ending the date of the rating decision on appeal.

The Board concludes that the criteria for a rating in excess of 70 percent are not met. 38 U.S.C. §§ 1155, 5107; 38 C.F.R. §§ 4.1, 4.3, 4.7, 4.126, 4.130, Diagnostic Code 9411.

Under the General Formula for Mental Disorders (General Formula), the Board must conduct a "holistic analysis" that considers all associated symptoms, regardless of whether they are listed as criteria. Bankhead v. Shulkin, 29 Vet. App, 10, 22 (2017); 38 C.F.R. § 4.130. The Board must determine whether unlisted symptoms are similar in severity, frequency, and duration to the listed symptoms associated with specific disability percentages. Then, the Board must determine whether the associated symptoms, both listed and unlisted, caused the level of impairment required for a higher disability rating. Vazquez-Claudio v. Shinseki, 713 F.3d 112, 114-118 (Fed. Cir. 2013).

A noncompensable rating is assigned when a mental condition has been formally diagnosed, but symptoms are not severe enough to either require continuous medication, or to interfere with occupational and social functioning. 38 C.F.R. § 4.130.

A 10 percent rating is assigned when mild or transient symptoms which decrease work efficiency and ability to perform occupational tasks only during periods of occasional stress, or symptoms controlled by medication cause occupational and social impairment. 38 C.F.R. § 4.130.

A 30 percent rating is assigned when symptoms such as depressed mood, anxiety, suspiciousness, panic attacks (weekly or less often), chronic sleep impairment, or mild memory loss (such as forgetting names, directions, or recent events), cause occupational and social impairment with occasional decrease in work efficiency and intermittent periods of inability to perform occupational tasks (although generally functioning satisfactorily, with routine behavior, self-care, and normal conversation). 38 C.F.R. § 4.130.

A 50 percent rating is assigned when symptoms such as flattened affect; circumstantial, circumlocutory, or stereotyped speech; panic attacks more
symptoms controlled by medication cause occupational and social impairment. 38 C.F.R. § 4.130.

A 50 percent rating is assigned when symptoms such 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; or difficulty in establishing and maintaining effective work and social relationships cause occupational and social impairment with reduced reliability and productivity. 38 C.F.R. § 4.130.

A 70 percent rating is assigned when symptoms such as suicidal ideation; obsessional rituals which interfere with routine activities; intermittently illogical, obscure, or irrelevant speech; 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); or inability to establish and maintain effective relationships cause occupational and social impairment with deficiencies in most areas, such as work, school, family relations, judgment, thinking, or mood. 38 C.F.R. § 4.130.

A 100 percent rating is assigned 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; or memory loss for names of close relatives, own occupation or own name. 38 C.F.R. § 4.130.

After careful and considerate review of the evidence of record, the Board finds that the Veteran's PTSD symptomatology does not more closely approximate total occupational and social impairment to support the criteria of a rating in excess of 70 percent rating at any point during the pendency of the appeal. See 38 C.F.R. § 4.130.

Here, evidence of record reflects that the Veteran's PTSD is manifested by symptoms associated with a 70 percent rating (near-continuous panic or depression affecting ability to function independently, appropriately, and effectively; speech intermittently illogical, obscure or irrelevant; difficulty in adapting to stressful circumstances; inability to establish and maintain effective relationships; impaired impulse control, such as unprovoked irritability with periods of violence); associated with a 50 percent rating (circumstantial speech; disturbances of motivation and mood; and difficulty in establishing and maintaining effective work and social relationships); associated with a 30 percent rating (depression; anxiety; suspiciousness; chronic sleep impairment; and mild memory loss). See VAMC Other Output / Reports (March 2024); C&P Exam (December 2024).

The Veteran also had symptoms that are not listed with a specific rating, such as insomnia, hypervigilance, irritability, and anger outbursts. See C&P Exam (December 2024). The Board finds the severity, frequency, and duration of the Veteran's unlisted symptoms do not more nearly approximate the criteria associated with a higher 100 percent schedular disability rating for psychiatric disability as they are less severe, less frequent, and shorter in duration than those contemplated by a 100 percent rating. In this regard, his reported symptom of insomnia is similar to chronic sleep impairment, which are contemplated by a 30 percent rating; his symptoms of irritability is similar to disturbances of motivation and mood and is contemplated by a 50 percent rating; and his symptom of anger outbursts are similar to impaired impulse control which is contemplated by 50 percent rating.

Overall, the Board finds the severity, frequency, and duration of the Veteran's symptoms more closely approximate the symptoms contemplated by a 70 percent rating, which are less severe, less frequent, and shorter in duration than those contemplated by a 100 percent rating.

The Veteran's VA examination report shows the Veteran's PTSD more closely approximate symptoms associated with the currently assigned 70 percent rating including difficulty in adapting to stressful circumstances and impaired impulse control with episodes of unprovoked violence. See C&P Exam (December 2024). The December 2024 VA examination found his PTSD resulted in occupational and social impairment with deficiencies in most areas, such as work, school, family relations, judgment, thinking and/or mood. See C&P Exam (December 2024). The Veteran reports he is currently married and he lives with his wife, mother-in-law, brother-in-law, sister-in-law, and nephew and he no longer has close friends but he works full-time as county clerk. See Id. He denies any current mental health treatment, being hospitalized for any mental health issues, and denied any suicidal ideations. See Id. He reported pulling a gun on someone in the middle of a violent confrontation and the police were called, but no charges were filed against him; however, it is unclear from the report when the event occurred. See Id. Such symptomatology demonstrates difficulty with relationships and adapting to stressful circumstances as well as impaired impulse control with periods of unprovoked violence but does not support total social and occupational impairment as required for 100 precent rating. See 38 C.F.R. § 4.130. Additionally, the Veteran denies active homicidal ideations despite the reported incident of a violent confrontation which is consistent with impaired impulse control with periods of unprovoked violence but not indicative of persistent danger of hurting self or others as required by the 100 percent rating. See C&P Exam (December 2024); see also 38 C.F.R. § 4.130. The Board finds the severity, frequency, and duration of such symptomatology is less severe, less frequent, and shorter in duration than those contemplated by a 100 percent rating.

The Board finds that at no point does the evidence of record support the Veteran's PTSD more closely approximate the level of impairment required for a disability rating of 100 percent. See 38 C.F.R. § 4.130.

First, the Board finds that total occupational impairment is not shown or more nearly approximated considering the relevant lay and medical evidence. See C&P Exam (April 2020); CAPRI (November 2022). Total" is defined as "whole, not divided; full; complete," and "utter, absolute." Black's Law Dictionary, 1498 (7th ed. 1999). Here, the evidence of record, including the Veteran's reported occupational history, shows he is currently working. See C&P Exam (December 2024). Such symptomatology does not suggest an occupational history that more closely approximate total occupational impairment as is required for the assignment of a 100 percent schedular.

Second, the Veteran does not have total social impairment during the rating period. Although the Veteran reported that he no longer has close friendships, he maintains a relationship with his wife and currently resides with his in-laws despite his irritability, impatience, and decreased interest in engaging in activities at home or outside the home. See Id. This does not more nearly approximate total social impairment.

Furthermore, neither the lay nor the medical evidence overall reflects the severity, frequency, or duration of symptoms contemplated by the criteria for a 100 percent rating. The December 2024 VA examination report demonstrates that many of the symptoms representative of a 100 percent evaluation are not present. The report reflects that on clinical observations, the Veteran was oriented, appropriately dressed and had adequate personal hygiene, and he denied active hallucinations, delusions, and suicidal or homicidal thoughts. See C&P Exam (December 2024). The clinician also observed that the Veteran quickly established a good rapport with the examiner, maintained good eye contact, and was fully cooperative even though he was loud and angry throughout his assessment. See Id. These findings also do not support a 100 percent evaluation.

In short, the evidence of record persuasively weighs against finding that the severity, frequency, and duration of the Veteran's symptoms resulted in the level of impairment required for a 100 percent at any point during pendency of appeal.

Accordingly, the claim is denied. As the evidence of record persuasively weighs against the claim, the benefit-of-the-doubt rule does not apply. 38 U.S.C. § 5107(b); 38 C.F.R. §§ 4.3, 4.7; Lynch

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