ALFRED GLEICHER, APPELLANT, V. EDWARD J. DERWINSKI, SECRETARY OF VETERANS AFFAIRS, APPELLEE.

2 Vet App 262 Vet. App. 26; 1991 US Vet App LEXIS 1361991 U.S. Vet. App. LEXIS 136

No. 90-147

December 17, 1991, Decided

UNITED STATES COURT OF VETERANS APPEALS

Before KRAMER, MANKIN, and HOLDAWAY, Associate Judges.

Counsel                 Rick Surratt (non-attorney practitioner) was on the brief for appellant.

                                Robert E. Coy, Acting General Counsel, Barry M. Tapp, Assistant General Counsel, Andrew J. Mullen, Deputy Assistant General Counsel, and John D. Lindsay were on the pleadings for appellee.

Opinion

Editorial Information: Prior History

 

On Appellee's Motion for Summary Affirmance

Opinion by:                           HOLDAWAY

{2 Vet. App. 27} HOLDAWAY, Associate Judge: The appellant, Alfred Gleicher, a veteran of World War II and a former prisoner of war, appeals a decision of the Board of Veterans' Appeals (BVA) which denied him a total disability rating for a psychiatric disorder. The Court holds that the BVA was not clearly erroneous in determining that appellant was not entitled to a rating in excess of 70%. The Court also holds that the BVA was clearly erroneous in finding that appellant was able to follow or secure a substantially gainful occupation. Appellant, therefore, as a matter of law, is entitled to a total disability rating under _CFR_4.16 38 C.F.R. § 4.16 (1991).

FACTS

The appellant served in the Army Air Corps during World War II. In July 1944, while serving as a flight officer on a B-24 crew, his aircraft was shot down and the appellant was forced to parachute into enemy territory where he was captured and held as a prisoner until termination of hostilities. He was awarded a 10% disability rating in 1947 for the residuals of gunshot wounds received during his capture. He apparently led a fairly normal life for many years, obtaining a degree in engineering and an advanced degree in management. However, as a result of his wartime experiences, the appellant began to develop psychiatric problems and was ultimately awarded a 70% disability rating by the Veterans' Administration (now Department of Veterans Affairs) (VA) Regional Office (RO) for these problems on November 18, 1988. He appealed that decision to the BVA and requested a 100% schedular rating. In its decision, the BVA continued the 70% rating.