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Adjustment Disorder?

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Mariel

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Hello all. I'm new here. Can someone tell me if Chronic Adjustment Disorder secondary to a diagnosed heart condition is compensible? I have researched this thoroughly, but I can't seem to get a straight answer. Some forums say it is, some say it isn't. I do know that it is in the VASRD. But would the VA pay to compensate for it? Thanks in advance.

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Carlie,

That makes sense. I recall reading one of the CFR's (not sure which one) and it said that if the Veteran's disability could not be rated accurately by the rating definitions, that they could perform an extraschedular rating. I haven't tried to look this up again, but might try to see what I can find when I get some time.

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Vync,

Here's a fairly good explanation for you.

http://www4.va.gov/vetapp10/files1/1010332.txt

Extraschedular Consideration

To accord justice in an exceptional case where the schedular

standards are found to be inadequate, the field station is

authorized to refer the case to the Chief Benefits Director

or the Director, Compensation and Pension Service, for

assignment of an extraschedular evaluation commensurate with

the average earning capacity impairment. 38 C.F.R. §

3.321(b)(1).

The criterion for such an award is a finding that the case

presents an exceptional or unusual disability picture with

related factors as marked interference with employment or

frequent periods of hospitalization as to render impractical

application of regular schedular standards. The Court has

held that the Board is precluded by regulation from assigning

an extraschedular rating under 38 C.F.R. § 3.321(b)(1) in the

first instance; however, the Board is not precluded from

raising this question, and in fact is obligated to liberally

read all documents and oral testimony of record and identify

all potential theories of entitlement to a benefit under the

law and regulations. Floyd v. Brown, 9 Vet. App. 88 (1996).

The Court further held that the Board must address referral

under 38 C.F.R. §3.321(b)(1) only where circumstances are

presented which the Director of VA's Compensation and Pension

Service might consider exceptional or unusual. Shipwash v.

Brown, 8 Vet. App. 218, 227 (1995).

The Court has clarified the analytical steps necessary to

determine whether referral for extraschedular consideration

is warranted. See Thun v. Peake, 22 Vet. App. 111 (2008).

The Court stated that the RO or the Board must first

determine whether the schedular rating criteria reasonably

describe the Veteran's disability level and symptomatology.

Id. at 115. If the schedular rating criteria do reasonably

describe the Veteran's disability level and symptomatology,

the assigned schedular evaluation is adequate, referral for

extraschedular consideration is not required, and the

analysis stops. Id.

If the RO or the Board finds that the schedular evaluation

does not contemplate the Veteran's level of disability and

symptomatology, then either the RO or the Board must

determine whether the Veteran's exceptional disability

picture includes other related factors such as marked

interference with employment and frequent periods of

hospitalization. Id. at 116. If this is the case, then the

RO or the Board must refer the matter to the Under Secretary

for Benefits or the Director of the Compensation and Pension

Service for the third step of the analysis, determining

whether justice requires assignment of an extraschedular

rating. Id.

In this case, the Veteran reported with diabetes mellitus

requiring restricted diet and insulin injections. The Board

is of the opinion that the Rating Schedule measures and

contemplates these aspects of his disability, so that

extraschedular consideration is not warranted.

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