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Personality Disorder -- Brain Problems

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carlie

Question

Hope this is something that will help out.

Alot of food to digest here.

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ENCEPHALOPATHY - A dysfunction of the brain that may occur secondary to infection, metabolic derangement, toxic drug effect, brain tumor, or increased intracranial pressure (e.g. malignant hypertension). Often manifests with confusion, lethargy, or stupor.

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INFECTION - The successful invasion, establishment and growth of microorganisms in the tissues of the host.

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BRAIN TUMOR - May be subdivided into primary brain tumors and the more common, secondary brain tumors. Primary brain tumors (e.g. astrocytoma, craniopharyngioma, glioma, ependymoma, neuroglioma, oligodendroglioma, glioblastoma multiforme, meningioma, and medulloblastoma) arise from the uncontrolled proliferation of cells within the brain. Secondary brain tumors occur from the spread of cancer into the brain from a distant cancerous organ (metastasis). Common symptoms of a brain tumor include headache, nausea, vomiting, seizures, change in mentation, neurologic symptoms and loss of memory.

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INTRACRANIAL PRESSURE - The pressure the cerebrospinal fluid exerts on the brain.

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MALIGNANT HYPERTENSION - A severe form of acute hypertension that results in the abrupt rise in the blood pressure (diastolic pressure often over 120 mmHg). If left untreated, malignant hypertension can cause damage to the blood vessels in the eye, kidneys, brain, and heart. Complications include stroke, heart attack, blindness, and renal failure. Symptoms include headache, blurred vision, nausea, vomiting, and lethargy. Neurologic symptoms are also a common finding. Malignant hypertension occurs more commonly in males, African Americans, and those with a history for hypertension

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LETHARGY - A state of laziness and indifference. People who are lethargic are often excessively sleepy and do not respond normally to regular stimulation. This mental status change may be seen with some central nervous system infections and metabolic abnormalities

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STUPOR - A condition unconsciousness, diminished consciousness, or lethargy with a suppression of sense or feeling.

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Citation: BVA 92-14470

Y92

BOARD OF VETERANS' APPEALS

WASHINGTON, D.C. 20420

DOCKET NO. 91-48 286 ) DATE

)

)

)

Sitting at Philadelphia, Pennsylvania

THE ISSUE

Entitlement to a total rating for service-connected

encephalopathy with personality disorder and memory defect.

REPRESENTATION

Appellant represented by: Disabled American Veterans

WITNESSES AT HEARING ON APPEAL

Appellant and wife

ATTORNEY FOR THE BOARD

Ronald R. Bosch, Counsel

INTRODUCTION

This matter came before the Board on appeal from an October

1990 rating decision of the Philadelphia, Pennsylvania

Regional Office (hereinafter RO). The veteran served from

August 1948 to September 1958. The notice of disagreement

for the above determination was received on December 6,

1990. The statement of the case was issued on May 3, 1991.

The substantive appeal was received on July 9, 1991. The

veteran and his wife provided testimony at a hearing held by

a traveling section of the Board of Veterans' Appeals

sitting in Philadelphia, Pennsylvania, on November 5, 1991.

The case was received and docketed at the Board in November

1991.

CONTENTIONS OF APPELLANT ON APPEAL

The veteran asserts that the RO committed error in denying

entitlement to a 100 percent schedular evaluation for

encephalopathy with personality disorder and memory defect

based on individual unemployability. He asserts that his

encephalopathy is so disabling that he has been rendered

unable to work, thereby warranting a total compensation

evaluation based on individual unemployability.

DECISION OF THE BOARD

For the reasons and bases hereinafter set forth, it is the

decision of the Board that the record supports the

assignment of a total evaluation due to the service-

connected encephalopathy.

FINDINGS OF FACT

1. All relevant evidence necessary for an equitable

disposition of the veteran's appeal has been obtained by the

agency of original jurisdiction.

2. Encephalopathy with personality disorder and memory

defect, the veteran's only service-connected disability, has

rendered the veteran unable to work.

CONCLUSION OF LAW

A total rating for service connected encephalopathy with

personality disorder and memory defect is warranted.

38 U.S.C. §§ 1155, 5107 (1991); 38 C.F.R. Part 4, 4.16©,

Diagnostic Code 9304 (1991).

REASONS AND BASES FOR FINDINGS AND CONCLUSIONS

We note that we have found that the veteran's claim is

"well-grounded" within the meaning of 38 U.S.C. § 5107(a)

(1991). That is, we find that he has presented a claim

which is plausible. We are also satisfied that all relevant

facts have been properly developed. There is no indication

that there are additional relevant records which have not

been obtained. No further assistance to the veteran is

required in order to comply with the duty to assist him as

mandated by 38 U.S.C. § 5107(a) (1991).

In his 1990 employment information statement, the veteran

reported that he had completed four years of high school,

had terminated employment in 1989 and had had occupational

experience as a draftsman. His encephalopathy with

personality disorder and memory defect, rated as 70 percent

disabling, is his only compensably evaluated

service-connected disability. Our evaluation of his claims

file in association with testimony that he and his wife

provided at the hearing held by a travel section of the

Board of Veterans' Appeals sitting in Philadelphia,

Pennsylvania, allows us to conclude that the veteran could

not be expected to obtain and retain any meaningful and

gainful employment due to his service-connected

neuropsychiatric disability.

The veteran continues to experience severely disabling

manifestations of his neuropsychiatric disability which has

adversely affected his memory ability as well as his ability

to satisfactorily perform duties in an industrial

environment. We find that the veteran's service-connected

neuropsychiatric disability has rendered him unemployable

thereby warranting assignment of a total rating in

accordance with 38 C.F.R. § 4.16© (1991).

ORDER

A total rating for the service connected encephalopathy with

personality disorder and memory defect is granted, subject

to laws and regulations governing the effective dates of

awards.

BOARD OF VETERANS' APPEALS

WASHINGTON, D.C. 20420

J. J. SCHULE PAUL M. SELFON, M.D.

STEPHEN L. WILKINS

NOTICE OF APPELLATE RIGHTS: Under 38 U.S.C. § 7266 (1991),

a decision of the Board of Veterans' Appeals granting less

than the complete benefit, or benefits, sought on appeal is

appealable to the United States Court of Veterans Appeals

within 120 days from the date of mailing of notice of the

decision, provided that a Notice of Disagreement concerning

an issue which was before the Board was filed with the

agency of original jurisdiction on or after November 18,

1988. Veterans' Judicial Review Act, Pub. L. No. 100-687,

§ 402 (1988). The date which appears on the face of this

decision constitutes the date of mailing and the copy of

this decision which you have received is your notice of the

action taken on your appeal by the Board of Veterans'

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