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Board of Veterans' Appeals · AMA series

Entitlement to an initial 100 percent rating for service-connected psychotic disorder prior to January 1, 1996 is granted.

July 30, 2026Citation Nr. A26069966Docket 220119-212159va.gov source

  • initial 100 percent rating for service-connected psychotic disorder prior to January 1, 1996Granted
  • TDIU from January 1, 1996 to April 30, 2002Denied
  • TDIU from April 30, 2002 to June 27, 2021Granted
  • TDIU from June 28, 2021 onwardDismissed

Board reasoning

The Board found that, prior to January 1, 1996, the veteran’s psychotic disorder precluded gainful employment, justifying a 100 percent schedular rating under the pre-1996 rules, and that from January 1, 1996 to April 30, 2002 the veteran was gainfully employed, so a TDIU was not warranted. From April 30, 2002 to June 27, 2021, the veteran could not sustain gainful employment due to the service-connected disorder, warranting TDIU, while from June 28, 2021 onward the issue became moot because a 100 percent schedular rating was in effect for the disability, which is the veteran’s only service-connected disability. The Board relied on SSA findings and contemporaneous VA treatment records to assess economic and non-economic components of employability and applied relevant legal standards, including 38 C.F.R. § 4.16 and prior versions of § 4.16(c).

Issues

  • initial 100 percent rating for service-connected psychotic disorder prior to January 1, 1996Granted
  • TDIU from January 1, 1996 to April 30, 2002Denied
  • TDIU from April 30, 2002 to June 27, 2021Granted
  • TDIU from June 28, 2021 onwardDismissed

Authorities

  • Ray v. Wilkie, 31 Vet. App. 58defined the 'unable to secure and follow a substantially gainful occupation' standard in § 4.16 (economic and noneconomic components)
  • Van Hoose v. Brown, 4 Vet. App. 361discussed ability to perform work despite disability in determining employability
  • LaBruzza v. McDonough, 37 Vet. App. 111defined 'employment in a protected environment' as marginal employment

Extracted with gpt-5-nano-2025-08-07. Citations are kept only when they appear in the decision text.