Citation Nr: 18141394 Decision Date: 10/10/18 Archive Date: 10/10/18 DOCKET NO. 15-10 081 DATE: October 10, 2018 ORDER Entitlement to a total disability rating based upon individual unemployability (TDIU) is granted. FINDINGS OF FACT 1. The Veteran meets the schedular criteria for a TDIU. 2. With full consideration of the Veteran’s educational background and occupational experience, the Veteran’s service-connected PTSD prevents him from securing or following a substantially gainful occupation. CONCLUSION OF LAW The criteria for a TDIU due to service-connected PTSD have been met. 38 U.S.C. §§ 1155, 5107; 38 C.F.R. § 4.16 (2017). REASONS AND BASES FOR FINDINGS AND CONCLUSION The Veteran served on active duty from December 1974 through April 1976. Entitlement to a total disability rating based upon individual unemployability Total disability is considered to exist when there is any impairment which is sufficient to render it impossible for the average person to follow a substantially gainful occupation. Total disability may or may not be permanent. 38 C.F.R. § 3.340 (a)(1). TDIU may be assigned when the disabled person is, in the judgment of the rating agency, unable to secure or follow a substantially gainful occupation as a result of service-connected disabilities. The service-connected disabilities, employment history, educational and vocational attainment, and all other factors having a bearing on the issue will be addressed in both instances. 38 C.F.R. § 4.16 (a), (b). TDIU is authorized for any disability or combination of disabilities where the schedular rating is less than total, and the claimant is unable to secure and maintain substantially gainful employment because of the severity of service-connected disabilities. If there is only one such disability, it must be rated as at least 60 percent. If two or more disabilities, at least one must be rated as at least 40 percent disabling, with sufficient additional service-connected disability to bring the combined rating to 70 percent. 38 C.F.R. §§ 4.15, 4.16(a). The Veteran is receipt of a 70 percent rating for PTSD throughout the appeal period. Therefore, the Veteran meets the schedular criteria for TDIU. The evidence indicates that the Veteran has not worked since April 2013. The Veteran submitted an Application for Increased Compensation Based on Unemployability in January 2014. The Veteran reported that he was unable to work due to his PTSD and a low back injury. The Veteran stated that he lost his last employment in retail due to “inappropriate behavior” and that he was “highly provoked” by his co-worker who wanted to cause a fight. In support of his claim, the Veteran submitted a February 2013 outpatient note from the Southern Nevada Health Care System. A VA psychologist stated that the Veteran’s PTSD was causing him to suffer from severe depression, anxiety, anger, irritability, mood swings, nightmares and flashbacks, disillusionment, and social withdrawal. The psychologist opined that due to the nature and severity of the Veteran’s condition that his PTSD symptomology would significantly affect the Veteran’s ability to maintain full-time gainful employment, as well as, his ability to sustain effective social relationships. The psychologist noted that the Veteran was working part-time at that time. The Veteran also submitted a statement from his social worker in July 2018. The social worker stated that the Veteran had addressed many of his issues during counseling, but he continues to remain hypervigilant and hyper-reactive in situations where he perceives himself as vulnerable or threatened. It was noted that the Veteran struggles with others’ perceptions of him, particularly authority figures. It was also reported that the Veteran’s cognitive problems limit his ability to accurately assess situations. While he has tried to keep jobs, he was often let go or quit because he thought that someone meant to do him physical or psychological harm. The social worker opined that the Veteran has struggled to maintain stability in his life, and that his symptoms have impaired his ability to maintain employment. The Veteran’s records from his applications for Social Security Disability benefits indicate that he was granted disability benefits solely due to his psychological disabilities in April 2001. An SSA evaluation determined that the Veteran’s psychological disabilities caused moderate difficulties in maintaining social functioning and marked difficulties in maintaining concentration, persistence, or pace. While SSA determinations are not binding on the Board, these determinations are probative evidence. See Collier v. Derwinski, 1 Vet. App. 413, 417 (1991). While the Veteran’s SSA benefits were granted based upon a “mood disorder,” the Board notes that an October 2012 VA examiner determined that the Veteran’s symptoms of depression, PTSD and TBI overlapped and could not be distinguished from other symptoms without resorting to mere speculation. After resolving the benefit of the doubt in favor of the Veteran, the Board finds that the Veteran’s PTSD renders him unable to secure and follow substantial gainful employment. The Board finds probative the opinions provided by the February 2013 psychologist and his social worker in 2018. The evidence indicates that the Veteran suffers from symptoms of irritability, mood swings, and anxiety that limit his social functioning and that he has cognitive dysfunction that markedly limits his ability to maintain concentration, persistence, or pace, which would significantly limit his ability to perform an isolated or unskilled job. A previous social worker indicated in November 2010 that the Veteran’s cognitive problems resulted in him being terminated at multiple prior work places and that PTSD would further exacerbate these problems. While the Veteran’s cognitive issues have not been specifically related to the Veteran’s PTSD, the 2012 VA examiner opined that the Veteran’s symptoms of depression, PTSD and TBI overlapped and could not be distinguished from each other. See Mittleider v. West, 11 Vet. App. 181 (1998). Further, the Board finds probative the evaluation conducted by SSA that indicated that the Veteran’s psychological problems on their own rendered the Veteran unable to work. While a November 2012 VA examiner opined that the Veteran was not unemployable due to his PTSD, the Board notes that the rationale provided for this opinion was that the Veteran was working part-time at that time (prior to being let go for inappropriate behavior shortly thereafter) and that the Veteran had complained of physical strain limiting his ability to work. The Board notes that the Veteran also reported that his low back restricted his ability to work in his application for TDIU in January 2014. While the Veteran’s physical limitations may also cause occupational impairment, these physical limitations do not preclude the Veteran from being unable to work due to his psychological symptoms. Based upon the foregoing, the Board resolves the benefit of the doubt in favor of the Veteran and finds that the requirements for a schedular TDIU are met; accordingly, the claim for a TDIU is granted. 38 U.S.C. §§ 1155, 5107; 38 C.F.R. § 4.16 (2017). K. PARAKKAL Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD P.M. Johnson, Counsel