Karnas v. Derwinski

1 Vet. App. 308 (1991)

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Karnas v. Derwinski

United States Court of Appeals for Veterans Claims
1 Vet. App. 308 (1991)

Facts

Martin Karnas (plaintiff), a former member of the military, applied for service-connected disability compensation in January 1975. At the time, Karnas was examined by a Veteran’s Administration (VA) psychiatrist and diagnosed with severe schizophrenia. Karnas was given a 70 percent disability rating, which was increased in July 1978 to a 100 percent rating. After several additional periodic reevaluations during which Karnas was diagnosed with chronic paranoid schizophrenia, an examination was performed in March 1987, during which the doctor affirmed the diagnosis of paranoid schizophrenia and indicated that Karnas’s tense, anxious, and paranoid condition had not improved, reapplying the 100 percent disability level. In October 1988, another examining doctor noted that Karnas was tense, anxious, and depressed but alert and well-oriented. The VA reduced Karnas’s rating to 70 percent. Karnas appealed, and the VA affirmed the reduction. The VA reasoned that Karnas had no recent hospitalizations despite not receiving treatment, and thus, any current presentation of mental-illness symptoms was not severe enough to result in complete social and industrial inadaptability as required for a 100 percent rating. Karnas appealed against Derwinski, the secretary of the VA (defendant).

Rule of Law

Issue

Holding and Reasoning (Kramer, J.)

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