Mittleider v. West

11 Vet. App. 181 (1998)

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Mittleider v. West

United States Court of Appeals for Veterans Claims
11 Vet. App. 181 (1998)

Facts

Danny Mittleider (plaintiff) served in the United States Marine Corps during the Vietnam War in a combat capacity. Mittleider suffered from posttraumatic stress disorder (PTSD) as a result of his service and also suffered from a personality disorder and substance-abuse issues. In 1990, the Department of Veterans Affairs (VA) (defendant) determined that Mittleider’s PTSD was service connected and assigned a 30 percent disability rating for his disability, which was later increased to 50 percent. The record included evidence that Mittleider’s PTSD materially contributed to a serious employment handicap. Mittleider appealed the 50 percent disability rating to the Board of Veterans’ Appeals (the board). The board upheld the 50 percent rating, holding that Mittleider’s PTSD produced a considerable, but not severe, social and employment impairment and that an increase in the rating was therefore not warranted. Mittleider appealed the board’s decision to the United States Court of Appeals for Veterans Claims.

Rule of Law

Issue

Holding and Reasoning (Per curiam)

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