Citation Nr: 18148697 Decision Date: 11/08/18 Archive Date: 11/07/18 DOCKET NO. 05-40 742 DATE: November 8, 2018 ORDER Entitlement to a total disability rating based on individual unemployability (TDIU) is granted. FINDING OF FACT The evidence of record is at least in relative equipoise that the Veteran is unable to obtain gainful employment due to his service-connected posttraumatic stress disorder (PTSD). CONCLUSION OF LAW The criteria for a TDIU rating have been met. 38 U.S.C. §§ 1155, 5110(a), (b)(2); 38 C.F.R. §§ 3.102, 3.340, 3.341, 4.3, 4.16. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty in the United States Army from January 1965 to January 1968. TDIU The Veteran contends that he is unemployable due to his service-connected posttraumatic stress disorder (PTSD). A total disability rating based upon individual unemployability may be assigned where the schedular rating is less than total, a total disability rating for compensation purposes may be assigned when the disabled person is unable to secure or follow a substantially gainful occupation as a result of service-connected disabilities, provided that, if there is only one such disability, this disability shall be ratable at 60 percent or more, or if there are two or more disabilities, there shall be at least one ratable at 40 percent or more, and sufficient additional disability to bring the combined rating to 70 percent or more. 38 C.F.R. § 4.16 (a). Consideration may be given to a Veteran’s level of education, special training, and previous work experience in arriving at whether a TDIU rating is warranted, but, the Veteran’s age or the impairment caused by nonservice-connected disabilities may not be considered in such a determination. 38 C.F.R. §§ 3.340, 3.341, 4.16(b), 4.19. The fact that a Veteran may be unemployed or has difficulty obtaining employment is not determinative. The ultimate question is whether the veteran, because of service-connected disability, is incapable of performing the physical and mental acts required by employment, not whether he can find employment. Van Hoose v. Brown, 4 Vet. App. at 363 (1993). The Veteran already meets the necessary schedular rating criteria under 38 C.F.R. § 4.16(a), as his service-connected PTSD has been given a 70 percent disability rating for the entire appeal period. Therefore, the question at hand is whether his service-connected disability keeps him from securing substantially gainful employment. After review of the evidence of record, the Board finds it does. The evidence of record shows the Veteran has a year of college education, and occupational history has primarily consisted of construction and mechanical work. In April 2006, the Veteran provided an opinion from his Vet Center therapist. The therapist opined that the Veteran was unemployable. The therapist rationalized that the Veteran’s PTSD had resulted in constricted range of affect, impairment of thought processes, and difficulty in concentrating and decision-making in regard to daily activities. The therapist further stated the Veteran suffered from low tolerance for conflict, inability to express thoughts or feelings to family or others, short term memory loss, low self-esteem, anger, and depression. The examiner stated all these symptoms made the Veteran unemployable. The Board recognizes that an August 2013 examiner found the Veteran is employable. However, the Board notes that the same examiner examined the Veteran a year prior, and was unable to make an assessment due to the Veteran’s extreme irritability and abrupt exit. The Board finds that this behavior is consistent with the private therapist’s assessment. Further, the Board notes that in 2004, and in 2007 and 2008, the Veteran needed periodic inpatient hospitalization for his PTSD condition. Additionally, the Veteran has also consistently reported that his PTSD causes sleep disturbance to the point of having trouble focusing, concentrating, and staying awake during the day. Upon review of the foregoing evidence, the Board finds that the Veteran’s PTSD severely limits the occupational work the Veteran can perform. Not only would the Veteran not be able to hold a position that required interaction with others, he further would be limited in sedentary work or physical labor as he has difficulty concentrating and remaining focused and/or awake for long periods. The Veteran’s past and occasional need for inpatient care would also hinder his ability to find or keep a position, as his inpatient care has often come unexpectedly and for days to months at a time. Further, the Veteran’s PTSD would make it difficult for him to obtain gainful employment in his past occupations, as his previous experience in construction or mechanic work both require working with others or interacting with clients. Accordingly, the Board concludes that the Veteran has been rendered unemployable due to his service-connected PTSD, and a grant of TDIU is warranted. JENNIFER HWA Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD J. Negron, Associate Counsel