Citation Nr: 18151554 Decision Date: 11/19/18 Archive Date: 11/19/18 DOCKET NO. 16-48 362 DATE: November 19, 2018 ORDER A total disability rating based on individual unemployability (TDIU) due to service-connected disabilities is granted. FINDING OF FACT With resolution of the doubt in his favor, the Veteran’s service-connected disabilities preclude the Veteran from securing and following substantially gainful employment consistent with his work and education background. CONCLUSION OF LAW The criteria for the assignment of a TDIU rating are approximated. 38 U.S.C. §§ 1155, 5102, 5103, 5103A, 5107 (2012); 38 C.F.R. §§ 3.340, 3.341, 4.16, 4.18, 4.19 (2017). REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from June 1981 to March 1985. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from an April 2014 rating decision issued by RO. This appeal was processed using the Veterans Benefits Management System (VBMS) paperless claims processing system. 1. Entitlement to a TDIU rating Under the applicable criteria, total disability ratings for compensation based upon individual unemployability may be assigned where the schedular rating is less than total, when it is found that the disabled person is unable to secure or follow a substantially gainful occupation as a result of a single service-connected disability ratable at 60 percent or more or, as a result of two or more disabilities, provided at least one disability is ratable at 40 percent or more and there is sufficient additional service-connected disability to bring the combined rating to 70 percent or more. See 38 C.F.R. §§ 3.340, 3.341, 4.16(a). It is the established policy of VA that all veterans who are unable to secure and follow a substantially gainful occupation because of service-connected disabilities shall be rated as totally disabled. Service-connection is currently in effect for ischemic heart disease (60 percent disabling), lumbosacral strain (20 percent disabling), headaches, residuals of brain trauma (10 percent disabling), degenerative joint disease (DJD) of the left knee (10 percent disabling), DJD of the left hip (10 percent disabling), DJD of the right hip (10 percent disabling), tinnitus (10 percent disabling), residuals of fracture of the fourth metacarpal bone of the right hand (0 percent disabling), hypertension (0 percent disabling) and hearing loss (0 percent disabling); the combined rating for all of these service-connected disabilities is 80 percent. The central inquiry is “whether a veteran’s service-connected disabilities alone are of sufficient severity to produce unemployability.” See Hatlestad v. Brown, 5 Vet. App. 524, 529 (1993). Consideration may be given to the Veteran’s education, special training, and previous work experience, but not to his or her age or to the impairment caused by nonservice-connected disabilities. See 38 C.F.R. §§ 3.341, 4.16, 4.19; see also Van Hoose v. Brown, 4 Vet. App. 361 (1993). The sole fact that a claimant is unemployed or has difficulty obtaining employment is not enough. A high rating is recognition that the impairment makes it difficult to obtain or keep employment. The ultimate question, however, is whether a veteran can perform the physical and mental acts required by employment, not whether he or she can find employment. Van Hoose, 4 Vet. App. at 363. An April 2013 VA treatment record reflects that the Veteran had a significant history of arthritis and complained of knee and hip pain that rendered him unable to walk or do any work. He was considered disabled to do his work. The December 2013 report of VA thoracolumbar spine disability examination reflects that the Veteran’s lumbar spine disability impacted his ability to work. The Veteran was unable to perform any heavy lifting or stand for prolonged periods of time. The December 2013 report of VA hip conditions examination reflects that the Veteran’s left and right hip disabilities impacted his ability to work. The Veteran was unable to perform work that involved being on his feet for prolonged periods of time. The December 2013 report of VA knee conditions examination reflects that the Veteran’s left knee disability impacted his ability to work. He was unable to perform work that required him to be on his feet for prolonged periods of time. Although the physician concluded that the Veteran’s service-connected disabilities do not prevent sedentary employment, the Board has considered the evidence pertaining to the service-connected disorders and their effect on the Veteran’s employability. Further inquiry would not aid in this determination. Affording the Veteran the benefit of the doubt, a TDIU will be granted. Vito A. Clementi Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD G. Jackson, Counsel