Martin M. Karnas, Appellant, v. Edward J. Derwinski
By Tbird
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{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. Read More...
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MAYNARD S. DOFFLEMYER, APPELLANT, V. EDWARD J. DERWINSKI, SECRETARY OF VETERANS AFFAIRS
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{2 Vet. App. 278} FARLEY, Associate Judge: Appellant, Maynard S. Dofflemyer, appeals a Board of Veterans' Appeals (BVA or Board) decision of June 4, 1990, which purported to deny an increased rating for undifferentiated schizophrenia for which appellant had been service-connected at 100% from May 21, 1969, until its reduction to 10% effective May 1, 1989. Appellant argues that the Department of Veterans Affairs Regional Office (VARO) ratings decision of February 17, 1989, reducing his disability rating from 100% to 10%, and the BVA decision affirming the reduction, are void ab initio, as both the VARO and the BVA failed to apply _CFR_3.343 38 C.F.R. §§ 3.343(a) and 3.344(a). Because the Court finds that the BVA disregarded the provisions of § 3.343(a) and § 3.443(a), under 38 U.S.C. § 7261 (a)(3) (formerly § 4061(a)(3)), we are compelled to reverse the BVA decision and remand the matter with a direction that appellant's former 100% rating be reinstated with an effective date of May 1, 1989.
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Gerald M. Hohol, Appellant, v. Edward J. Derwinski, Secretary of Veterans Affairs, Appellee
By Tbird
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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. Read More...
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