Gerald M. Hohol, Appellant, v. Edward J. Derwinski, Secretary of Veterans Affairs, Appellee.

2 Vet App 1692 Vet. App. 169; 1992 US Vet App LEXIS 401992 U.S. Vet. App. LEXIS 40

No. 90-1002

February 7, 1992, Decided

UNITED STATES COURT OF VETERANS APPEALS

Before NEBEKER, Chief Judge, and KRAMER and HOLDAWAY, Associate Judges.

February 7, 1992, Filed

Counsel                 Michael P. Horan was on the brief, for appellant

                                Robert E. Coy, Acting General Counsel, Barry M. Tapp, Assistant General Counsel, Pamela L. Wood, Deputy Assistant General Counsel, and Michael P. Butler were on the brief, for appellee.

Opinion

Editorial Information: Prior History

On Appeal from the Board of Veterans' Appeals

Opinion by:                           NEBEKER

{2 Vet. App. 170} NEBEKER, Chief Judge: Appellant, Gerald M. Hohol, appeals the May 23, 1990, Board of Veterans' Appeals (BVA or Board) decision which reduced his disability rating for post traumatic stress disorder (PTSD) from 100% disabling to 70% disabling. We hold the Board's finding that the veteran had sustained material improvement under the ordinary conditions of life to be clearly erroneous. Furthermore we hold that the Board committed legal error when it failed to consider appellant's case under _CFR_4.16 38 C.F.R. § 4.16(c) (1990).

I

The veteran performed military service from August 1965 through April 1969, which included combat duty in Vietnam. On December 30, 1983, he underwent an examination for compensation and pension purposes. The Veterans' Administration (now the Department of Veterans Affairs) (VA) doctor reported that appellant was "markedly tense" and anxious, that his sleep pattern was disturbed by nightmares, and that he hallucinated often. R. at 23. The doctor also found appellant "alert and fully oriented" and his conversation "to be relevant [showing] no looseness of associations." Appellant was diagnosed as suffering from PTSD. Based on this examination, the VA Regional Office (RO) granted appellant service connection for PTSD, and rated it as 100% disabling on February 1, 1984.