Citation Nr: 18157895 Decision Date: 12/14/18 Archive Date: 12/13/18 DOCKET NO. 16-04 482 DATE: December 14, 2018 ORDER Subject to the law and regulations governing payment of monetary benefits, a total disability rating based on individual unemployability (TDIU) due to service-connected PTSD is granted. FINDING OF FACT The competent and credible evidence of record reflects the Veteran’s service-connected PTSD has precluded him from obtaining and maintaining substantial and gainful employment consistent with his educational and occupational experience). CONCLUSION OF LAW The criteria for a grant of a TDIU due to service connected PTSD have been met. 38 U.S.C. §§ 1155, 5107, 5110 (2012); 38 C.F.R. §§ 3.102, 3.340, 3.341, 4.16, 4.25 (2017). REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty in the United States Navy from January 1965 to June 1968, including service in the Republic of Vietnam. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a January 2014 rating decision from the Department of Veterans Affairs (VA) Regional Office (RO). The Veteran presented sworn testimony at a hearing before the undersigned in October 2018. 1. Entitlement to a total disability rating based on individual unemployability due to service-connected disabilities (TDIU) The Veteran filed a claim for a TDIU based on his service-connected PTSD in March 2013. A TDIU may be assigned where the schedular rating is less than total if a Veteran 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 service-connected disabilities, provided that one of those disabilities 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. § 4.16 (a). Service connection is in effect for PTSD at 70 percent, effective June 19, 2009. The single disability evaluation for this disability satisfies the schedular requirements for consideration of a TDIU during the pendency of this case. The Veteran reports that he last worked full time in November 2007. See March 2013 VA Form 21-8940. The Veteran competently and credibly testified that his service-connected PTSD has rendered him unable to work. See October 2018 Hearing Transcript. Further, the Veteran’s January 2010 psychological evaluation and treatment plan reflects the Veteran experiences deficiencies in family relations, and an inability to be gainfully employed because of chronic lack of concentration, impaired judgment, impulsivity, over-thinking. The Veteran’s July 2013 letter from his private examiner indicated the Veteran’s service-connected PTSD symptoms include chronic insomnia, hypervigilance and heightened startle reflex. The examiner noted, that unless the Veteran is responding to the needs of children, he is socially withdrawn. Additionally, the Veteran was found to have generally poor memory, feel emotionally numb and often feels upset when something reminds him of combat in Vietnam. The December 2013 VA examiner determined that the Veteran’s service-connected PTSD might impact his interpersonal relationships on the jobs and would result in impaired concentration on some days. The October 2015 VA examiner determined the Veteran’s PTSD most likely would experience periodic difficulty with concentration due to fatigue related to poor sleep. He would likely have periodic mild irritation when interacting with other due to his PTSD. He further opined that the Veteran would most likely work at a slightly slower pace due to periodic difficulties in concentration. The Veteran was able to engage in appropriate social interaction. Given the evidence regarding the severity of the Veteran’s service-connected PTSD, the opinions of record, and the evidence of record indicating the Veteran’s functional limitations due to his service-connected PTSD, and in light of his individual work experience and training, the Board finds that the evidence shows he is unable to obtain and/or maintain substantially gainful employment due to his service-connected PTSD. Thus, a TDIU is granted. STEVEN D. REISS Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD Jacquelynn M. Jordan, Associate Counsel