Citation Nr: 18153143
Decision Date: 11/27/18	Archive Date: 11/27/18

DOCKET NO. 17-02 682
DATE:	November 27, 2018
ORDER
Entitlement to a total disability rating based on individual unemployability (TDIU) is granted.
FINDING OF FACT
The evidence of record supports a finding that the Veteran’s service-connected disabilities render him unable to secure and follow substantially gainful employment.
CONCLUSION OF LAW
The criteria for a TDIU have been met.  38 U.S.C. §§ 5110(a), 5107(b) (2012); 38 C.F.R. §§ 3.102, 3.400, 4.16 (2018).

REASONS AND BASES FOR FINDING AND CONCLUSION
TDIU
Total disability ratings for compensation 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. When these percentage standards are not met, consideration may be given to entitlement on an extraschedular basis, taking into account such factors as the extent of the service-connected disability, and employment and educational background. It must be shown that the service-connected disability produces unemployability without regard to advancing age. 38 U.S.C. § 1155; 38 C.F.R. §§ 3.321, 3.340, 3.341, 4.16, 4.19.
Entitlement to TDIU
The Veteran contends that her service-connected disabilities, namely her depression, prevent her from maintaining gainful employment.
The Veteran filed her claim (VA Form 21-8940) in November 2014. On it, she noted that she last worked in August 2012 and became too disabled to work in August 2011. She last worked as a teacher and has 4 years of college education.
The Veteran is service-connected for depression at 50 percent disabling; and right wrist ganglion cyst with residual nerve injury at 30 percent disabling. Thus, the Veteran meets the schedular requirements for TDIU.
Social Security Administration (SSA) records indicate that the Veteran has been receiving disability payments as the result of his service-connected depression since August 2012.
The North Carolina Board of the Disability Income Plan granted the Veteran long-term disability from October 2013 based on PTSD with major depressive disorder as a contributing factor. 
In a November 2014 private medical treatment record from Waynesboro Family Clinic, Dr. A.U. Md. indicated that the Veteran was observed to be depressed and stated that she wants to work but cannot work so “they sent her another paper to be filled by a doctor for her continued disability.” Further, he noted that she has difficulty maintaining eye contact, avoids interacting with others, and has frequent crying spells. 
The December 2012 VA Mental Disorders Disability Benefits Questionnaire (DBQ) examiner noted that, given the Veteran’s husband’s report during the examination, she saw no issue with the Veteran’s ability to handle sedentary and physical occupational work, however, she noted that the Veteran’s emotional state, as demonstrated during examination, would “seriously crimp her ability to work.”
The December 2015 VA Wrist Conditions DBQ examiner noted the Veteran changed her profession from a cook to a teacher due to her right wrist condition. The examiner stated that “Unfortunately, she cannot perform physical labor or even sedentary work that requires writing and lifting and pushing and pulling due to the right wrist condition.”
Based on the foregoing evidence of record, the Board finds that TDIU is warranted for the Veteran. Indeed, the Veteran has been found to be disabled on the basis of her mental disorder by two separate government agencies. Further, the examinations of record together reveal that the Veteran’s emotional state affects her ability to work and her right wrist disability preclude sedentary-type work involving her dominant right wrist. Therefore, the Board resolves reasonable doubt in favor of the Veteran and finds entitlement to a TDIU is warranted.
Accordingly, the claim is granted.
 
C.A. SKOW
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	R.A. Elliott II, Associate Counsel