JOHN A. MURINCSAK, APPELLANT, V. EDWARD J. DERWINSKI, SECRETARY OF VETERANS AFFAIRS, APPELLEE.

2 Vet App 3632 Vet. App. 363; 1992 US Vet App LEXIS 1021992 U.S. Vet. App. LEXIS 102

No. 90-222

April 24, 1992, Decided

UNITED STATES COURT OF VETERANS APPEALS

Before KRAMER, MANKIN, and STEINBERG, Associate Judges.

Disposition                          

BVA DECISION IS VACATED AND REMANDED

Counsel                 William G. Smith for appellant.

                                Stephen A. Bergquist, with whom Robert E. Coy, Acting General Counsel, Barry M. Tapp, Assistant General Counsel, and Pamela L. Wood, Deputy Assistant General Counsel, were on the brief, for appellee.

Opinion

Editorial Information: Prior History

 

On Appeal from the Board of Veterans' Appeals

Opinion by:                           MANKIN

{2 Vet. App. 364} MANKIN, Associate Judge: John A. Murincsak appeals from a December 5, 1989, Board of Veterans' Appeals (BVA or Board) decision, which denied entitlement to a total disability rating based on individual unemployability due to service-connected disability. Because the BVA decision contains errors of law, we vacate the BVA decision and remand the case to the BVA with specific instructions to proceed in a manner consistent with this opinion.

I. Background

The veteran, John A. Murincsak, served on active military duty in the United States Air Force from January 14, 1964, to January 8, 1968. R. at 1. During service, appellant was treated for anxiety and nervousness on several occasions. Appellant filed his original claim for service connection for schizophrenia in February 1971. After intensive examination, the Veterans' Administration (now Department of Veterans Affairs) (VA) Regional Office (VARO) {2 Vet. App. 365} in Baltimore, Maryland granted appellant a 100% service-connected disability rating for schizophrenic reaction, undifferentiated type, on January 11, 1972. R. at 2-3.