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ALFRED GLEICHER, APPELLANT, V. EDWARD J. DERWINSKI, SECRETARY OF VETERANS AFFAIRS
By Tbird
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The facts that led to the 70% rating for severe psychiatric disturbance disclosed a man who had retired from his employment as an engineer in 1982 because he was having great difficulty in dealing with people. As his illness progressively worsened, he had withdrawn into a life where he was essentially a "loner." It was noted in a VA psychiatric examination report of August 26, 1988, that appellant's inability to trust people continued to make him an "unreliable potential employee" and that if he "was forced to associate with others he would become severely upset and probably become physically ill." A VA social and industrial survey dated October 24, 1988, also concluded appellant was "incapable of securing or maintaining employment." Nonetheless, despite these somewhat forbidding facts, the BVA found him employable and in support of that decision stated: "The veteran remains in contact with reality and his conversation is logical and coherent. In addition the veteran has significant educational and occupational experience . . . ."

DISCUSSION

The appellant argues, firstly, that the BVA decision was clearly erroneous in failing to award a 100% schedular rating. Secondly, he argues that even assuming the BVA was not in error in failing to assign a 100% rating, he should, nonetheless, be given a total rating pursuant to _CFR_4.16 38 C.F.R. § 4.16 . Section 4.16 allows, inter alia, a total rating where a veteran with a 70% rating for a mental disorder is "unable to secure or follow a substantially gainful occupation." We disagree with the appellant's first contention, but agree as to his second one; we therefore affirm the decision {2 Vet. App. 28} of the BVA in part and reverse in part as discussed below.


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