Martin M. Karnas, Appellant, v. Edward J. Derwinski, Secretary Of Veterans Affairs, Appellee

1 Vet App 3081 Vet. App. 308; 1991 US Vet App LEXIS 461991 U.S. Vet. App. LEXIS 46

No. 90-312

June 11, 1991, Decided

PURSUANT TO 38 U.S.C. § 4067(d) (1988), THIS DECISION WILL BECOME THE DECISION OF THE COURT THIRTY DAYS FROM THE DATE HEREOF.

UNITED STATES COURT OF VETERANS APPEALS

Nebeker, Chief Judge, and Kramer and Steinberg, Associate Judges.

Counsel                 Stephanie Forester, with whom Barton F. Stichman was on the brief, for appellant.

                                Michael R. Smalls, with whom Raoul L. Carroll, 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:                           KRAMER

{1 Vet. App. 308} In its decision of September 13, 1989, the Board of Veterans' Appeals (BVA) denied appellant's claim for a restoration of his previous 100-percent service-connected disability rating for schizophrenia from his present 70-percent rating for the same illness. In so doing, the BVA made reversible errors of both fact and law. The decision {1 Vet. App. 309} of the BVA is reversed and the case is remanded to it with instructions to proceed in a manner consistent with this opinion.

I

Background

Appellant served on active duty with the United States Army from May 1967 to December 1968. On January 20, 1975, the appellant, seeking disability compensation, was examined by a Veterans' Administration (now the Department of Veterans Affairs) (VA) psychiatrist, Dr. Abraham Leff, who diagnosed him as having severe schizophrenia. As a result of this examination, on February 21, 1975, the appellant was awarded a 70-percent service-connected disability rating for schizophrenia retroactive to July 19, 1972. On July 24, 1978, this rating was increased to 100 percent for the same disability.