Citation Nr: 18146300 Decision Date: 10/31/18 Archive Date: 10/31/18 DOCKET NO. 16-31 217 DATE: October 31, 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. § 5107 (2012); 38 C.F.R. §§ 3.340, 3.341, 4.16 (2018). REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran had active service in the United States Marine Corps (USMC) from January 1969 to April 1971. This matter comes to the Board of Veterans’ Appeals (Board) on appeal from a September 2015 rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO) in Providence, Rhode Island. 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 service-connected diabetes mellitus type II (DM), posttraumatic stress disorder (PTSD) symptomatology, bilateral hearing loss disability, and physical disabilities render him unable to effectively maintain employment. In this regard, in an April 2015 statement, the Veteran and his wife stated that the Veteran’s sugar levels go up and down making him very sick. They also stated that he has congestive heart failure, spots on his lungs, shortness of breath, chest pain, fatigues easily, suffers from weakness, has nausea, difficulty hearing, vision trouble, and acute renal failure. Moreover, they stated that his PTSD symptomatology manifested in frustration, being easily upset, and overly angry. They also reported his experienced pain in his feet, legs, and hips, causing them to give out on and make it difficult to get up. 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 last employed as a car detailer for a car dealership. Prior to that, the Veteran was employed as a construction worker. At an August 2014 VA examination, the Veteran reported his bilateral hearing loss and tinnitus made it difficult to hear and understand conversation, especially in a crowd. Further, when the Veteran’s tinnitus was active, it was very irritating. At a May 2015 VA examination for DM, the Veteran reported that he had fallen, experienced shortness of breath, exhaustion, and weakness as a result of his DM. He reported he had episodes of hypoglycemia on a weekly basis that caused dizziness and weakness in his extremities. At a May 2015 VA examination for peripheral neuropathy, the Veteran reported he had intermittent numbness and tingling in his hands and feet, that he dropped items, and fell on occasion. He stated he believed the numbness contributed to those symptoms. The examiner noted the Veteran’s peripheral neuropathy symptoms to be, at worst, moderate in nature. The examiner noted that the Veteran was predisposed to falls. At a May 2015 VA examination, the Veteran reported he experienced shortness of breath that occurred even during mild activity like walking. The symptoms were not seasonal, and not associated with chest pains. When he experienced his symptoms, he required rest for 10 to 15 minutes. He reported he did not have any energy. He stated he would be winded from climbing one flight of stairs. He stated he had chest pain on occasion. He stated he would get a “cold sweat” and experience dizziness. At a May 2015 VA examination for the Veteran’s eye disability, the Veteran reported he had blurred vision and that it was hard to see or read. He reported his eyes got tired. Pertinent evidence of record includes outpatient VA medical treatment records. The records indicate that the Veteran had uncontrolled DM that required hospitalization and manifested in nausea, vomiting, and generalized weakness. Moreover, a July 2007 VA treatment record indicates that the Veteran was unable to get to work due to his PTSD symptoms. 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, 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). Kristin Haddock Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD Mariah N. Sim, Associate Counsel