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SCHIZOPHRENIA

S. HENEKS · 2026 · Case ID: A26039720

MIXED

Summary

The Veteran, who served from May 1964 to July 1965, appeals the denial of an increased rating for his service-connected acquired psychiatric disorder and the grant of Total Disability based on Individual Unemployability (TDIU). The Board reviewed the Veteran's extensive psychiatric history, including multiple hospitalizations and job changes, noting symptoms such as suicidal ideation, difficulty adapting to stress, and impaired social relationships. The Board considered several VA psychiatric consultations and a private psychological evaluation from March 2025, which diagnosed schizophrenia and concluded total occupational and social impairment. However, the Board found the private evaluation's conclusions to be of limited probative value due to inconsistencies with other medical and lay evidence, particularly regarding hallucinations, personal hygiene, and the Veteran's own testimony about his ability to manage symptoms. The Board found the Veteran's suicidal ideation, while chronic, did not meet the criteria for persistent danger during the appeal period. The Board concluded that the evidence persuasively argued against an initial rating exceeding 70 percent for the psychiatric disorder, denying the increased rating claim. However, the Board found that the Veteran's service-connected psychiatric disorder, with its persistent functional effects, rendered him unable to secure or follow substantially gainful employment throughout the appeal period, granting the TDIU claim.

Rationale

Suicidal ideation not persistent or active during appeal period.; Private evaluations contradicted by other medical/lay evidence.; Lack of acknowledgment of conflicting evidence in private evaluations.

Special Benefit
TDIU
Docket No.
251008-594358

Full Decision Text

Citation Nr: A26039720
Decision Date: 04/28/26	Archive Date: 04/28/26

DOCKET NO. 251008-594358
DATE: April 28, 2026

ORDER

Entitlement to an initial rating in excess of 70 percent disabling for service-connected schizophrenia (hereinafter acquired psychiatric disorder) is denied.

Entitlement to a total disability rating based on individual unemployability (TDIU) is granted.

FINDINGS OF FACT

1. Throughout the pendency of the appeal, the Veteran's psychiatric disorder was manifested by symptomatology productive of occupational and social impairment with deficiencies in most areas, without more severe manifestations resulting in total occupational and social impairment.

2. Throughout the pendency of the appeal, the Veteran was unable to secure and follow substantially gainful employment as a result of his service-connected disability.

CONCLUSIONS OF LAW

1. The criteria for an initial rating in excess of 70 percent for psychiatric disorder have not been met.  38 U.S.C. §§ 1155, 5107; 38 C.F.R. §§ 3.102, 3.159, 4.7, 4.130, Diagnostic Code (DC) 9201.

2. Throughout the appeal period, the criteria for entitlement to a TDIU have been met.  38 U.S.C. §§ 1155, 5103, 5103A; 38 C.F.R. §§ 3.340, 3.341, 4.16, 4.19.

REASONS AND BASES FOR FINDINGS AND CONCLUSIONS

The Veteran served on active duty from May 1964 to July 1965.  

This matter is before the Board of Veterans' Appeals (Board) on appeal from a September 2025 rating decision by a Department of Veterans Affairs Regional Office (RO).  

Within the framework of the Appeals Modernization Act (AMA), in October 2025, the appellant submitted VA Form 10182, Decision Review Request Board Appeal (Notice of Disagreement), and elected a hearing lane review by a Veterans Law Judge.  38 C.F.R. § 19.2(d).  In this regard, the Board notes that under the hearing lane option, the Board will consider evidence received at the hearing or within 90 days following the hearing.

The requested Board hearing was held in March 2026.  A copy of the transcript of that hearing has been associated with the claims file.

By way of history, the Veteran filed a service connection claim for an acquired psychiatric disorder in February 2022.  That claim was denied in a May 2022 rating decision.  In January 2023, he requested Higher Level Review (HLR) and an April 2023 HLR rating decision found a duty to assist error.  Thereafter, a December 2024 rating decision continued denial of the claim.

The Veteran filed a Notice of Disagreement in April 2025 appealing the December 2024 rating decision.  A subsequent June 2025 Board decision granted service connection for an acquired psychiatric disorder, and a June 2025 rating decision effectuated the award and assigned an initial 30 percent rating.  In July 2025 the Veteran requested HLR of the June 2025 rating decision, and the September 2025 rating decision on appeal granted an increased initial 70 percent rating.

During the Board hearing, the Veteran raised a claim for entitlement to a TDIU.  As such, a claim for a TDIU has been raised by the record and is part of the current appeal.  See Rice v. Shinseki, 22 Vet. App. 447 (2009).  

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 claim, considering the new evidence in addition to the evidence previously considered.  Id.  Specific instructions for filing a Supplemental Claim are included with this decision.

Increased Rating

Disability ratings are determined by applying the criteria set forth in VA's Schedule for Rating Disabilities, which is based on the average impairment of earning capacity.  Individual disabilities are assigned separate diagnostic codes.  38 U.S.C. § 1155; 38 C.F.R. § 4.1.  The basis of disability ratings is the ability of the body as a whole, or of the psyche, or of a system or organ of the body, to function under the ordinary conditions of daily life, including employment.  38 C.F.R. §
 claim, considering the new evidence in addition to the evidence previously considered.  Id.  Specific instructions for filing a Supplemental Claim are included with this decision.

Increased Rating

Disability ratings are determined by applying the criteria set forth in VA's Schedule for Rating Disabilities, which is based on the average impairment of earning capacity.  Individual disabilities are assigned separate diagnostic codes.  38 U.S.C. § 1155; 38 C.F.R. § 4.1.  The basis of disability ratings is the ability of the body as a whole, or of the psyche, or of a system or organ of the body, to function under the ordinary conditions of daily life, including employment.  38 C.F.R. § 4.10.

Where there is a question as to which of two ratings shall be applied, the higher rating will be assigned if the disability more nearly approximates the criteria required for that particular rating.  Otherwise, the lower rating will be assigned.  38 C.F.R. § 4.7.  When a reasonable doubt arises regarding the degree of disability, that reasonable doubt will be resolved in favor of the Veteran.  38 C.F.R. § 4.3.

Staged ratings are appropriate for an increase rating claim when the factual findings show distinct time periods where the service-connected disability exhibits symptoms that would warrant different ratings.  Fenderson v. West, 12 Vet. App. 119 (1999); Hart v. Mansfield, 21 Vet. App. 505 (2007).

1. Entitlement to an initial rating in excess of 70 percent of an acquired psychiatric disorder.

As noted above, Veteran filed his service connection claim in February 2022, and he has appealed the initial rating.

Prior to the appeal period, the evidence of record includes VA medical records including a January 2020 behavioral medicine treatment record.  The Veteran reported that he developed schizophrenia during service.  He denied having a support system such as family, friends, or associations.  He also denied having problems with sleep or concentration.  The Veteran reported having tinnitus and stated that it took all of his energy to ignore his symptoms and that noises in his house created confusion.  He denied hearing voices or command/visual hallucinations.  The Veteran also denied having current suicidal or homicidal ideation but stated that suicidal ideation had been a chronic problem.  He had acceptable hygiene and was appropriately dressed.  Speech was normal.  His affect was flat and it was noted that he engaged without hesitation, that he was polite and cooperative but was somewhat arrogant.  He was fully oriented and had adequate insight and judgment.  A DSM-5 diagnosis for major depressive disorder (MDD) and generalized anxiety disorder (GAD) was provided.

In March 2020, the Veteran reported having a restricted support system of friends.  He reported suicidal ideation as a chronic problem but denied that he currently experienced suicidal or homicidal ideation.  He also stated that he experienced tinnitus and/or distorted sounds which might be hallucinations.  The Veteran had acceptable hygiene and he was appropriately dressed.  His speech was clear with normal rate and tone.  He was fully oriented and his insight and judgment was adequate.  He was diagnosed with MDD and GAD.

A March 2022 VA psychiatric consultation shows that the Veteran reported having dealt with depression and schizophrenia his entire adult life.  He reported past suicide attempts and ideation with intent but denied having such symptoms over the past 16 years.  In addition, he reported passive intermittent suicidal ideation but denied any current suicidal or homicidal ideation.  The Veteran reported hearing voices which he descried as "like when the radio cycles through stations, it's a constant ramble of music, words, names, even jungles."  He also reported that he had been hospitalized over 16 times.  He had been married three times with no children, and he reported having had over 72 different jobs.  The Veteran was alert and oriented and his impulse control was fair.  Dress and hygiene were fair.  He was calm and cooperative, speech was normal, thought content was goal-directed and no thought disorder was present.  The Veteran denied having audio or visual hallucinations and delusions.

An April 2022 VA behavioral medicine record shows that the Veteran was alert and oriented.  He was fairly dressed and had fair hygiene.  He was calm and cooperative with no psychomotor agitation.  His speech was normal.  The Veteran did not have a thought disorder, and his thoughts were goal-directed.  There was no emotional blunting.  The Veteran denied having audio or visual hallucinations.  His insight, judgement, and impulse control were fair.  He reported that he did not have anyone in his life and that he had no interest in being social and that he had forgotten how to
, thought content was goal-directed and no thought disorder was present.  The Veteran denied having audio or visual hallucinations and delusions.

An April 2022 VA behavioral medicine record shows that the Veteran was alert and oriented.  He was fairly dressed and had fair hygiene.  He was calm and cooperative with no psychomotor agitation.  His speech was normal.  The Veteran did not have a thought disorder, and his thoughts were goal-directed.  There was no emotional blunting.  The Veteran denied having audio or visual hallucinations.  His insight, judgement, and impulse control were fair.  He reported that he did not have anyone in his life and that he had no interest in being social and that he had forgotten how to be social.  In addition, the Veteran stated that he did not remember a time when he was happy.  He utilized Amazon's Alexa as a digital assistant to help him remember.

Another April 2022 VA record noted a DSM-5 diagnosis for chronic schizophrenia.  The Veteran was alert and oriented, and his hygiene and clothing were fair.  He had normal speech with no thought disorder, and his thoughts were goal-directed.  The Veteran did not have emotional blunting, and he denied having audio or visual hallucinations.  Insight, judgement, and impulse control were fair, and the Veteran appeared cognitively intact.  In addition, he stated that he did not need therapy at that time, that he had used senior services in the past which had been very helpful, and that he felt capable of contacting them if needed.  

The Veteran underwent a VA examination in May 2023.  He was diagnosed with borderline personality disorder which was manifested by occupational and social impairment with occasional decrease in work efficiency and intermittent periods of inability to perform occupational tasks, although generally functioning satisfactorily, with normal routine behavior, self-care and conversation.  He reported that he had been married three times with his last marriage ending approximately 20 years ago.  He has a sister that he had not spoken with in years, he did not have children, and he described a limited support system.  

The Veteran also reported that he did not have friendships and he rarely engaged with anyone other than store clerks.  He typically engaged in solitary activities such as reading and playing online card and video games.  He reported having worked approximately 72 jobs since his separation from service including positions in sales and a brief teaching position at a community college.  He often quit these jobs for various reasons including disliking coworkers.  He had also been fired for not showing up, and he left one job because he thought the building was too hot.  He was last employed in 1982.  He also reported having been admitted for in-patient treatment approximately 20 times throughout his lifetime, usually for suicidal ideation or attempts.

His psychiatric disorder was manifested by symptoms including depressed mood, anxiety, chronic sleep impairment, impairment of short and long term memory, difficulty in establishing and maintaining effective work and social relationships, and difficulty adapting to stressful circumstances, including work or a work like setting.  He was alert and oriented and appropriately groomed and dressed.  He maintained eye contact and speech had normal rate and volume.  Thought process was tangential at times, and affect was consistent with the conversation at hand.  The Veteran described vague morbid ideation such as wishing that he could go to sleep and not wake up, and he stated that he was reluctant to discuss suicidal ideation for fear of being admitted to the hospital, but denied having a specific plan or intent to harm himself.  He reported a long history of auditory hallucinations which sounded like a muffled radio.  He denied visual hallucinations or delusions.

He underwent another VA examination in December 2024.  The Veteran was diagnosed with unspecified depressive disorder which was manifested by occupational and social impairment due to mild or transient symptoms which decrease work efficiency and ability to perform occupational tasks only during periods of significant stress, or; symptoms controlled by medication.  He reported that he had been divorced since 2003, that he lived by himself, did not have children, and did not maintain contact with his family.  The Veteran did not have friends and was not interested in friendships.  He reported spending his time trying to stay out of jail and the hospital.  He exercised and photography was a hobby.  He also enjoyed watching TV, playing video games, and reading.  

He had not worked since 1982 but did report having had part time jobs; the last of which occurred 25 years ago.  He had not participated in psychiatric therapy for approximately 13 years.  He also reported having been hospitalized a total of 16 times with the last occurring approximately 25 years ago.  The Veteran reported pronounced periods of depression lasting between 2 to 4 days with symptoms dissipating after a week or two.  He felt lonely and reported anxiety including
 Veteran did not have friends and was not interested in friendships.  He reported spending his time trying to stay out of jail and the hospital.  He exercised and photography was a hobby.  He also enjoyed watching TV, playing video games, and reading.  

He had not worked since 1982 but did report having had part time jobs; the last of which occurred 25 years ago.  He had not participated in psychiatric therapy for approximately 13 years.  He also reported having been hospitalized a total of 16 times with the last occurring approximately 25 years ago.  The Veteran reported pronounced periods of depression lasting between 2 to 4 days with symptoms dissipating after a week or two.  He felt lonely and reported anxiety including being around people when he is outside and about having enough money to pay his bills.  The Veteran denied a history of frequent crying spells, panic attacks, symptoms consistent with major depressive episodes, manic/hypomanic episodes, physical aggression, suicidal ideation, homicidal ideation, or auditory/visual hallucinations.  The examination revealed symptoms of depressed mood, anxiety, and flattened effect.  He was fully oriented, adequately groomed, and appropriately dressed.  The Veteran had spontaneous and clear speech.  Thought process was fluid and goal-directed.  

The Veteran submitted a March 2025 private psychological evaluation which noted a diagnosis for schizophrenia.  It was noted that he was prone to chronic daily paranoia and hallucinations, and that he suffered from secondary depression.  He lived a very isolated and marginal existence, had no friends, and had not had family contact in years.  It was further noted that he was prone to making odd or irrational statements, and that he suffered from hostility/suspiciousness, forgetfulness, and insomnia.  He exhibited a marked inability to concentrate.  The Veteran was noted as being appropriately dressed and groomed, however, the psychologist indicated that he had difficulty keeping up with personal hygiene.  His behavior was noteworthy for withdrawal and blunted affect consistent with schizophrenia.  He had periods of suicidal ideation without plan or intent.

The Veteran reported being hospitalized numerous times with the most recent occurring approximately 18 years ago.  He also reported a history of suicidality, and that he heard voices on a daily basis, which was described as a radio tuner going to different stations.  He also reported that he sometimes heard specific words, that he was very paranoid, was afraid of going outside, and did not like to be around other people because they tended to lie to him.  The Veteran reported that his depression came on in waves.  He also reported having general dysphoria, a lack of energy or motivation, and anhedonia.  He stated that he would lose his temper easily, so he avoided people, that he had no friends, and that he had no contact with his family.  He also reported that he bathed daily, was able to drive, but tried not to go outside.  He also reported difficulty being around people or tasks requiring interactions.

The psychologist concluded that the Veteran was totally disabled with regard to his occupational and social functioning which caused him to be unable to seek or maintain gainful employment.  In this regard, he was unable to tolerate the stress of being in the presence of coworkers or supervisors or interacting with them effectively.  He was additionally unable to maintain regular attendance, could not adapt to simple stressful circumstances at work or in a work like setting, had impaired impulse control leading to suicidal ideation, and was unable to be in the presence of others without losing control of his anger.

Lastly, the psychologist who authored the March 2025 psychiatric evaluation also submitted a mental disorder disability benefits questionnaire (DBQ) in May 2025, which was based on the previous psychiatric evaluation.  The Veteran was diagnosed with schizophrenia which was manifested by total occupational and social impairment.  The Veteran stated that he had no friends and had not had contact with his family for many years.  He also did not want to be around people due to paranoia.  He was last employed approximately 30 years ago and stated that his employment always caused him to end up in a hospital.  He also reported daily auditory hallucinations, paranoia and being afraid of going outside.  

Current symptoms included depressed mood, anxiety, suspiciousness, near-continuous panic or depression affecting the ability to function independently, appropriately and effectively, chronic sleep impairment, mild memory loss, flattened affect, impaired judgment, disturbances of motivation and mood, difficulty in establishing and maintaining effective work and social relationships, difficulty adapting to stressful circumstances, including work or a work like setting, suicidal ideation, persistent delusions or hallucinations, neglect of personal appearance and hygiene, and intermittent inability to perform activities of daily living, including maintenance of minimal personal hygiene.

The Veteran's psychiatric disorder has been rated pursuant to 38 C.F.R. § 4.130, DC 9201, which provides
 auditory hallucinations, paranoia and being afraid of going outside.  

Current symptoms included depressed mood, anxiety, suspiciousness, near-continuous panic or depression affecting the ability to function independently, appropriately and effectively, chronic sleep impairment, mild memory loss, flattened affect, impaired judgment, disturbances of motivation and mood, difficulty in establishing and maintaining effective work and social relationships, difficulty adapting to stressful circumstances, including work or a work like setting, suicidal ideation, persistent delusions or hallucinations, neglect of personal appearance and hygiene, and intermittent inability to perform activities of daily living, including maintenance of minimal personal hygiene.

The Veteran's psychiatric disorder has been rated pursuant to 38 C.F.R. § 4.130, DC 9201, which provides that such is rated pursuant to the General Rating Formula for Mental Disorders (General Rating Formula).  

Under the General Rating Formula, a 70 percent rating is assigned for a psychiatric disorder manifested by 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), or an inability to establish and maintain effective relationships.  Id.

A maximum 100 percent rating is assigned for a psychiatric disorder manifested by total occupational and social impairment due to such symptoms as gross impairment in thought process 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, and memory loss for names of close relatives, own occupation, or own name.  Id.

The list of symptoms under the rating criteria are meant to be examples of symptoms that would warrant the rating, but are not meant to be exhaustive, and the Board need not find all or even some of the symptoms to award a specific rating.  If the evidence shows that the veteran suffers symptoms or effects that cause occupational or social impairment equivalent to what would be caused by the symptoms listed in the diagnostic code, the appropriate equivalent rating will be assigned.  Mauerhan v. Principi, 16 Vet. App. 436 (2002); Sellers v. Principi, 372 F.3d 1318 (Fed. Cir. 2004). 

After a review of the evidence of record, the Board finds that an initial rating in excess of 70 percent is not warranted. 

In this regard, the Board finds that the probative evidence of record shows that the service-connected psychiatric disorder was manifested by symptoms that included suicidal ideation, difficulty in adapting to stressful circumstances, and an inability to establish and maintain effective relationships, symptoms that are specifically contemplated by the 70 percent rating criteria.

With regard to the Veteran's suicidal ideation, prior to and during the appeal period, VA medical records show that he consistently did not endorse suicidal ideation.  He additionally did not endorse homicidal ideation.  Therefore, while he has reported that his suicidal ideation had been a chronic problem, that he had periods of suicidal ideation, and that he had been reluctant to discuss his suicidal ideation due to a fear of being hospitalized, during the appeal period the evidence overwhelmingly shows that he consistently denied having any current active plans or intent.  In fact, during the Board hearing the Veteran testified that he had not had active suicidal ideation in the past 20 years.  Accordingly, the Board does not find that his suicidal ideation more nearly approximated a persistent danger of hurting himself during the appeal period and, therefore, this symptom did not more nearly approximate the criteria consistent with a higher 100 percent rating.

The Board recognizes that the private March 2025 psychological evaluation and May 2025 DBQ concluded that the service-connected psychiatric disorder was manifested by total occupational and social impairment.  The psychologist who authored these evaluations noted symptoms of persistent delusions or hallucinations and intermittent inability to perform activities of daily living, including maintenance of minimal personal hygiene, symptoms contemplated by a higher 100 percent rating.  However, these records do not acknowledge or discuss medical evidence and lay statements that directly contradict these findings.  The March 2025 psychological evaluation and May 2025 DBQ also include inconsistent findings.  For instance, with regard to persistent delusions or hallucinations, throughout the appeal period the Veteran has reported persistent auditory hallucinations, but at other times he has also denied having audio or visual hallucinations.  See VA Medical Records dated March and April 2022.  The record also shows that his reported auditory
 impairment.  The psychologist who authored these evaluations noted symptoms of persistent delusions or hallucinations and intermittent inability to perform activities of daily living, including maintenance of minimal personal hygiene, symptoms contemplated by a higher 100 percent rating.  However, these records do not acknowledge or discuss medical evidence and lay statements that directly contradict these findings.  The March 2025 psychological evaluation and May 2025 DBQ also include inconsistent findings.  For instance, with regard to persistent delusions or hallucinations, throughout the appeal period the Veteran has reported persistent auditory hallucinations, but at other times he has also denied having audio or visual hallucinations.  See VA Medical Records dated March and April 2022.  The record also shows that his reported auditory hallucinations might be symptoms related to tinnitus.  See VA Medical Records dated January and March 2020.  In addition, throughout the appeal period the medical and lay evidence shows that he consistently denied having delusions.

The private evaluations also concluded that the Veteran had difficulty keeping up with personal hygiene and had an intermittent inability to perform activities of daily living, including maintenance of minimal personal hygiene.  However, during the psychological evaluation the Veteran was noted to be appropriately dressed and groomed.  The medical evidence of record also showed the Veteran was consistently found to have been adequately or fairly groomed and to be adequately dressed.  The Board further recognizes that the Veteran testified that he was able to clean and feed himself and that he had learned to cope with his symptoms.  

The private psychological evaluations do not recognize or discuss these conflicting findings and evidence.  For these reasons the Board finds that several of the findings contained in the March 2025 psychological evaluation and May 2025 DBQ are directly contradicted by the medical and lay evidence and due to the omission of addressing the conflicting evidence the Board finds these records to be of limited probative value in terms of assessing the occupational and social impairment caused by the service-connected psychiatric disorder.

While the Board has considered whether a 100 percent rating was warranted, at no point was the Veteran's psychiatric disorder manifested by symptoms such as gross impairment in thought processes or communication, grossly inappropriate behavior, intermittent inability to perform activities of daily living, disorientation to time or place, or memory loss for names of close relatives, own occupation.  The psychiatric disorder was additionally not manifested by persistent delusions or hallucinations or persistent danger of hurting himself as contemplated by the 100 percent rating criteria.  

In reaching this determination, the Board has considered the entire evidence of record in analyzing the criteria laid out in the rating schedule.  Accordingly, the Board finds that the probative evidence of record is persuasively against an initial rating in excess of 70 percent and the claim is denied.

2. Entitlement to a TDIU.

It is the established policy of VA that all veterans who are unable to secure and follow a substantially gainful occupation by reason of service-connected disabilities shall be rated totally disabled.  38 C.F.R. § 4.16.  A finding of total disability is appropriate "when there is present any impairment of mind or body which is sufficient to render it impossible for the average person to follow a substantially gainful occupation."  38 C.F.R. §§ 3.340(a)(1), 4.15.

"Substantially gainful employment" is that employment "which is ordinarily followed by the nondisabled to earn their livelihood with earnings common to the particular occupation in the community where the veteran resides."  Moore v. Derwinski, 1 Vet. App. 356, 358 (1991).  "Marginal employment shall not be considered substantially gainful employment."  38 C.F.R. § 4.16(a).

In determining whether unemployability exists, consideration may be given to the veteran's level of education, special training, and previous work experience, but not to his age or to any impairment caused by non-service-connected disabilities.  38 C.F.R. §§ 3.341, 4.16, 4.19.

A total disability rating for compensation may be assigned, where the schedular rating is less than total, when the disabled person is, in the judgment of the rating agency, unable to secure or follow a substantially gainful occupation as a result of service-connected disabilities, provided that, if there is only one such disability, this disability shall be ratable at 60 percent or more.  If there are two or more disabilities, there shall be at least one disability ratable at 40 percent or more, and the combined rating must be 70 percent or more.  38 C.F.R. § 4.16(a). 

During the pendency of the appeal, the Veteran has been service connected for an acquired psychiatric disorder rated 70 percent disabling effective February 10, 2022.  Therefore, he has met the schedular
 when the disabled person is, in the judgment of the rating agency, unable to secure or follow a substantially gainful occupation as a result of service-connected disabilities, provided that, if there is only one such disability, this disability shall be ratable at 60 percent or more.  If there are two or more disabilities, there shall be at least one disability ratable at 40 percent or more, and the combined rating must be 70 percent or more.  38 C.F.R. § 4.16(a). 

During the pendency of the appeal, the Veteran has been service connected for an acquired psychiatric disorder rated 70 percent disabling effective February 10, 2022.  Therefore, he has met the schedular rating criteria throughout the appeal period.

The phrase "unable to secure and follow a substantially gainful occupation" in § 4.16(b) has both an economic and a noneconomic component.  Ray v. Wilkie, 31 Vet. App. 58, 72 (2019).  The economic component means an occupation earning more than marginal income outside of a protected environment.  Id.  The noneconomic component concerns whether the veteran is able to "secure or follow" gainful employment.  Id.  In determining whether a veteran can secure or follow a substantially gainful occupation, the Board should consider the veteran's history, education, skill, and training; whether he or she "has the physical ability (both exertional and non-exertional) to perform the type of activities (e.g., sedentary, light, medium, heavy, or very heavy) required" to work in a substantially gainful occupation, and "whether the veteran has the mental ability to perform the activities required" to work in a substantially gainful occupation.  Id.

The Board finds that the totality of the record indicates that the functional impairments caused by the Veteran's service-connected psychiatric disorder likely rendered him unable to secure or follow a substantially gainful occupation.  

In this regard, the Board finds that the psychiatric disorder likely prevented him from following a substantially gainful occupation as the Veteran had difficulty in adapting to stressful circumstances, including work or a worklike setting.  He reported having worked approximately 72 jobs since his separation from service, but that his employment ended due to an inability to get along with coworkers, or for not showing up due to his anxiety.

The Board finds that the combined persistent functional effects would likely prevent the Veteran from being able to work around others, be effectively supervised, sustain the focus and attention to learn necessary skills, or to complete a full, productive work schedule in a substantially gainful occupation.  

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?

Accordingly, based on the evidence of record, the Board finds the functional effects of the service-connected psychiatric disorder had rendered him unable to secure and follow a substantially gainful occupation throughout the appeal period and the claim is granted.

 

 

S. HENEKS

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Lamb, Christopher

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. 

Schizophrenia, Mixed, 2026: BVA Decision A26039720 | CaseScribe AI