BVA Case 22-1524: Depression

December 2021 Board Decision In the December 2021 decision on appeal,the Board denied an initial disability rating higher than 50%for GAD,finding that the severity,duration,and frequency of Mr.

The Board concluded that the criteria for a disability rating higher than 50%were not met because the veteran's GAD did not produce symptoms of such severity, duration,or frequency that resulted in occupational and social impairment with deficiencies in most areas.

Rather, the Board concluded that the veteran's GAD produced occupational and social impairment with reduced reliability and productivity as a result of symptoms such as anxiety,suspiciousness,chronic sleep impairment,difficulty in establishing and maintaining effective work and social relationships,and mild memory loss.

The Board found that the RO had not erred in failing to refer the claim for consideration of extraschedular TDIU,because there was not sufficient evidence to substantiate a reasonable possibility that the veteran is unemployable because of his service-connected disabilities.

But the Board concluded that these symptoms resulted in occupational impairment manifested by no more than reduced reliability and productivity.

Jones argues that the Board failed to provide adequate reasons or bases for denying a rating higher than 50%for GAD.

5 The Court reviews the Board's factual findings regarding the assignment of a disability rating under the clearly erroneous standard of review set forth in 38 U.

A finding of fact is clearly erroneous when the Court,after reviewing the entire evidence, is left with the definite and firm conviction that a mistake has been committed.