What Does This Mean?

[BUZZ]

condition does not present an exceptional disability picture which warrants an (extra-schedular evaluation.)

[Berta]

This is a very interesting case regarding extraschedular consideration.

In part:

Before the Board may refer a case for extraschedular consideration, however, there first must be a finding that the Veteran's disability picture is exceptional. To do so, there must be a comparison between the level of severity and symptomatology of the claimant's service-connected disability with the established criteria found in the rating schedule for that disability. Under the approach prescribed by VA, if the criteria reasonably describe the claimant's disability level and symptomatology, then the claimant's disability picture is contemplated by the rating schedule, the assigned schedular evaluation

is, therefore, adequate, and no referral is required. See Thun v. Peake, 22 Vet. App. 111 (2008).

The July 2011 PTSD examination report reflects the examiner's opinion that the Veteran's PTSD did not preclude him from obtaining and maintain substantially gainful employment that was sedentary, allowed for a flexible schedule, entailed limited stress and responsibility, and limited interaction with staff and customers. The Board notes the examination report reflects the examiner included alcohol abuse as an Axis I diagnosis and opined that it was secondary to the Veteran's PTSD. The earlier medical records noted that the Veteran's alcohol abuse was in remission; and, the examiner did not indicate how the Veteran's out-of-remission alcohol abuse would impact his employability, even though the examiner noted the Veteran had received a third DUI. The Board infers that an alcohol problem would probably impact employability. In light of all of the noted factors, the Board is constrained to find the evidence is at least in equipoise as to whether a plausible basis has been shown for referral for a TDIU on an extraschedular basis. 38 C.F.R. §§ 3.102, 4.16(b).

and

“ORDER

Entitlement to an initial evaluation of 70 percent for PTSD, excluding the period of January 2, 2007, through March 31, 2007, is granted.

Entitlement to referral for consideration of a TDIU on an extraschedular basis is granted. The appeal is granted only to that extent.”

http://www.index.va.gov/search/va/view.jsp?FV=http://www.va.gov/vetapp12/Files6/1243783.txt

We have discussed Thun V Peake here at hadit regarding extraschedular awards.

The VA gae a full rationae in their decision not to consider you for extraschedular.

Can you scan and attach here their reasons and bases (cover personal stuff) or state the exact words they used for the denial?

The BVA in the above statement gave the RO a clue (dont know why this wasn't expanded on sooner by the veteran or their POA)

"The Board infers that an alcohol problem would probably impact employability."

The Axis 1 diagnosis clearly noted the veteran's alcoholism was secondary to his PTSD.

It would help if you search for "extraschedular" in recent decisions at the BVA web site, that show what the VA is looking for as an 'exceptional disability picture.'