Gerald M. Hohol, Appellant, v. Edward J. Derwinski, Secretary of Veterans Affairs, Appellee By Tbird
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Appellant was examined again for compensation and pension purposes on April 19, 1985. He reported that he had trouble sleeping and suffered from hallucinations of his time in Vietnam. He also told the examiner that he had no social life and spent all of his time caring for his two boys; his speech was relevant and coherent. R. at 38. The examiner found him to be unemployable and still suffering from {2 Vet. App. 171} PTSD. On May 22, 1985, an RO decision continued his disability rating at 100%.
On October 12, 1988, he was examined again by VA. Again he reported sleep disturbance, constant thoughts of the war, and nightmares. He also reported having trouble with most people, but being tolerant of the ill and those he was capable of helping. The report described him as "cooperative, coherent, relevant, well oriented, competent, tense and anxious." The report also noted that appellant had not worked for eight years, and was seen weekly at the Mental Health Clinic at the Bay Pines Facility (Bay Pines Facility). Appellant was again diagnosed as suffering from PTSD: "chronic, active, mild to moderate." R. at 41-42. Based on that examination, and without considering medical records from the Bay Pines Facility, the RO reduced appellant's rating from 100% disabling to 70% disabling. The RO made no mention of any regulation other than _CFR_3.105 38 C.F.R. § 3.105(e) (1988), but said that medical records from the Bay Pines Facility were being requested and that appellant would be reexamined in the future. R. at 43. |