Citation Nr: 18153535 Decision Date: 11/28/18 Archive Date: 11/27/18 DOCKET NO. 16-12 627 DATE: November 28, 2018 ORDER Accrued benefit based on entitlement to a total disability rating based on individual unemployability (TDIU) is granted, subject to the rules governing the payment of monetary benefits. FINDING OF FACT The Veteran’s service-connected disabilities precluded him from engaging in substantially gainful employment. CONCLUSION OF LAW The criteria for a TDIU on accrued basis have been met. 38 U.S.C.§§ 1155, 5103, 5103A, 5107; 38 C.F.R. § 3.340, 4.2, 4.16. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from June 1954 to December 1957. He died on April [redacted], 2015. The Appellant is the surviving spouse. TDIU At the time of his death, the Veteran had a claim for entitlement to TDIU pending. A TDIU 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 because 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. 38 C.F.R. §§ 3.340, 3.341, 4.16(a). The central inquiry is determining whether a TDIU is warranted is “whether the veteran’s service-connected disabilities alone are of sufficient severity to produce unemployability.” Hatlestad v. Brown, 5 Vet. App. 524, 529 (1993). Consideration may be given to a veteran’s level of education, special training, and previous work experience, but advancing age and the impairment caused by nonservice-connected disabilities are not for consideration in determining whether such a total disability rating is warranted. See 38 C.F.R. §§ 4.16, 4.19; see also Van Hoose v. Brown, 4 Vet. App. 361, 363 (1993). Assignment of a TDIU evaluation requires that the record reflect some factor that “takes the claimant’s case outside the norm” of any other veteran rated at the same level. Id. Throughout the appeal period the Veteran had a single service-connected disability, depression, that is rated as 70 percent disabling and a combined rating of 90 percent for all his service-connected disabilities. 38 C.F.R. § 4.25. In his October 2013 VA Form 21-8940, the Veteran reported having 2 years of college level education. He also indicated that his last employment was an assistant manager at Lowes in 2002. The Veteran reported constant pain in his neck that limits his ability to lift and move his arms. See May 2012 Neck VA examination. He had decreased range of motion of the back and neck as documented in his July 2014 VA examination. A May 2012 VA ankle examination reflects that his ankle disability causes him to fall. In fact, in the July 2014 VA examination, he reported a recent fall. Furthermore, his ankle disability precluded him from prolonged walking and standing as noted in the May 2012 examination. Because of these limitations, the Veteran reported that he was unable to do chores around the house. During a May 2012 foot examination, the Veteran reported that his disability limits his ability to run, stand on uneven surfaces, and bend to weight bearing. A July 2014 VA examination reflects that the Veteran needed assistance with ambulation. Considering this evidence, and resolving the benefit of the doubt in the Appellant’s favor, the Board finds that the Veteran’s service-connected neck, back, ankle, and foot disabilities significantly limited his ability to work in a physically demanding job. In addition, the Veteran had service-connected depression that was manifested by anxiety, mild memory loss, disturbance of motivation and mood, as well as difficulty adopting to stressful circumstances as noted in a May 2012 examination. The evidence also reflects that the Veteran had chronic daily headaches and several prostrating attacks per month due to his service-connected migraines.   Combined with the Veteran’s service-connected disabilities that limited his physical capabilities, the impairment caused by his service-connected depression and migraine makes it unlikely that he would have been able to engage in substantially gainful employment. Therefore, based on the totality of the evidence of record, the Board finds that a TDIU is appropriate in this case for accrued purposes. Nathaniel J. Doan Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD S.SOLOMON