Citation Nr: 18141951 Decision Date: 10/12/18 Archive Date: 10/12/18 DOCKET NO. 16-24 568A DATE: October 12, 2018 ORDER Entitlement to a total rating based on individual unemployability due to service connected disability (TDIU) is granted. FINDINGS OF FACT 1. For the entire period on appeal, the Veteran has had a combined rating of at least 70 percent, with one disability rated 40 percent or higher. 2. The Veteran is unable to obtain and maintain substantially gainful employment due to service-connected disabilities. CONCLUSION OF LAW The criteria for entitlement to a TDIU are met. 38 U.S.C. §§ 1155, 5107; 38 C.F.R. §§ 3.340, 3.341, 4.16. REASONS AND BASES FOR FINDINGS AND CONCLUSION The Veteran had active air service from November 1999 to November 2005. This matter comes to the Board of Veterans’ Appeals (Board) on appeal from a July 2014 rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO) in St. Petersburg, Florida. TDIU The Veteran asserts that he is unable to work as a result of his service-connected disabilities. Specifically, the Veteran has reported that his worsening service-connected migraines and his major depressive disorder (MDD) render him unable to perform effectively at work. For the entire period on appeal, the Veteran has had a combined rating of at least 70 percent, and he has had at least one disability rated 40 percent or better during that period. Therefore, the Board finds that the Veteran has met the schedular criteria for assignment of a TDIU for the entire period on appeal. Review of the record shows that the Veteran was previously employed part-time at Auto Zone. The Veteran reported that due to the worsening of his migraines, he had to miss work and eventually quit his job. He then reported he was unemployed and would help his wife around the house. Previously, the Veteran was employed as an aircraft mechanic and missed work due to his shoulder pain, but was noted to otherwise be able to do regular work. The Veteran has an associate’s degree in computer science. At a September 2009 VA examination, it was noted that the Veteran had occupational impact but that “otherwise he can do his usual work.” In this regard, the Veteran had lost his job due to the worsening of his back and the lifting restrictions placed on him by his doctors. He reported he was on vocational rehabilitation and going to school full time. At a December 2009 VA examination, it was noted the Veteran was able to function well with his activities of daily living, and that he was able to manage his VA benefits. However, the examiner determined that the Veteran’s psychiatric disability resulted in deficiencies “in most areas of life: work, school, family relations, judgment, thinking and mood,” and that he was less efficient or effective at work and school due to poor concentration, loss of energy/motivation, and helplessness. At a June 2014 VA examination for the Veteran’s migraines, it was noted that the Veteran’s migraines would affect his work. However, due to the short duration of the migraines, the examiner opined the Veteran would be able to work on the days he did not experience headache pain. At a July 2014 VA examination, the Veteran reported he was unemployed. He stated he had previously worked part time at Auto Zone. After examination, the examiner determined that the Veteran’s psychiatric symptomatology resulted in occupational and social impairment with reduced reliability and productivity. The examiner opined that the impact on the Veteran’s employment was affected at most to a mild extent. Specifically, the examiner found the Veteran’s ability to work cooperative and effectively with his coworkers, supervisors, and public to a mild extent. The examiner found the Veteran’s ability to understand and follow instructions was impaired to a mild extent, but his ability to communicate effectively in writing was not impaired. The examiner found the Veteran’s symptoms impaired the Veteran’s ability to maintain task persistence to a mild extent, and did not affect his ability to arrive at work on time and pursuant to a regular schedule. Pertinent evidence of record includes outpatient VA medical treatment records. The records indicate that the Veteran experienced headache pain that ranged from mild to moderate. However, it was also shown in the medical evidence that the Veteran’s headaches were not adequately controlled. In this regard, an October 2012 VA treatment record indicates the Veteran had poor control of his migraines even on a prophylactic regimen. Moreover, a July 2013 VA treatment record indicates that the Veteran suffered from severe refractory migraine headaches and had poor control of migraines with his medication. Of record is a May 2016 letter from a VA Medical Center doctor, Dr. F.P. In this letter, Dr. F.P. states that the Veteran is being treated for MDD, and that “his condition is such that he is not able to maintain gainful employment.” That condition was expected to persist for at least 12 months. Based on the subjective report of the Veteran and the objective findings in the various medical evidence of record, the Board finds that the Veteran’s service-connected disabilities significantly impact his ability to function in an occupational setting. They result in reduced reliability and productivity, difficulty with concentration, an inability to consistently perform sedentary employment, and an inability to consistently perform physical activity. In light of the Veteran’s occupational background and the functional limitations described, the Board finds that he is unable to obtain and maintain substantially gainful employment in accordance with his industrial background and education level as a result of his various service-connected disabilities. Accordingly, resolving reasonable doubt in favor of the Veteran, the Board finds that entitlement to TDIU is warranted. 38 U.S.C. § 5107(b); Gilbert v. Derwinski, 1 Vet. App. 49 (1990). N. RIPPEL Acting Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD Mariah N. Sim, Associate Counsel