BVA Case 18-0765: Depression

In the January 2018 decision on appeal,the Board denied a schizophrenia rating higher than 50%before December 7,2011,because it found that,although the evidence for that period demonstrated that he had deficiencies in mood,it did not reflect similar deficiencies in judgment, thinking,family relations,or work.

The Secretary responds that the Board's adverse credibility determination has a plausible basis in the record and was adequately explained.

at 13 (suggesting that unreasonable accommodations that allow 3 Because we do not find that the Board erred in its credibility and employability determinations,the Court does not reach the question of what employment in a protected environment means.

Relevant Law The Board,as factfinder,is responsible for assessing the credibility of evidence and assigning it appropriate weight.

To comply with this requirement,the Board must analyze the credibility and probative value of evidence,account for evidence that it finds persuasive or unpersuasive,and provide reasons for its rejection of material evidence favorable to the claimant.

We review the Board's credibility determination and other factual findings under the clearly erroneous standard.

A factual finding 'is clearly erroneous when although there is evidence to support it,the reviewing court on the entire evidence is left with the definite and firm conviction that a mistake has been committed.

Credibility and Employability The Court finds that there was a plausible basis in the record for the Board's credibility and employability determinations and that it did not clearly err in denyingTDIU.