Citation Nr: 18157971 Decision Date: 12/14/18 Archive Date: 12/13/18 DOCKET NO. 16-53 419 DATE: December 14, 2018 ORDER Entitlement to a total disability rating based on individual unemployability due to service-connected disabilities (TDIU) is granted. FINDING OF FACT 1. For the period on appeal, the Veteran’s combined rating has been at least 70 percent with a single disability rated at least 40 percent. 2. The Veteran has been unable to obtain and maintain substantially gainful employment due to service-connected disabilities. CONCLUSION OF LAW The criteria for a TDIU have been met for the entire period on appeal. 38 U.S.C. § 1155 (2012); 38 C.F.R. §§ 3.340, 3.341, 4.16 (2018). REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran had active military service from September 1970 to February 1992. This case comes before the Board of Veterans' Appeals (Board) on appeal from a May 2015 rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO) in Winston Salem, North Carolina. Entitlement to a TDIU The Veteran has asserted that he is unable to obtain and maintain employment as a result of his service-connected disabilities. A review of the record shows that for the entire period on appeal, the Veteran’s combined rating has been 90 percent, with at least one disability rated 40 percent or higher. As such, the Veteran has met the schedular criteria for assignment of a TDIU. 38 C.F.R. § 4.16 (2018). The Veteran has reported that he has not worked since May 2009, at which time he became too disabled to work as a result of his service-connected disabilities. The Veteran's highest level of education is two years of college, and there is no evidence that he has any additional vocational or educational experience. Prior to May 2009, the Veteran worked as a part-time substitute teacher. While in service, he worked in aviation safety and retired as a flight operations coordinator. In a May 2011 VA examination report, the examiner noted that the Veteran’s bilateral knee disabilities prevented him from engaging in physical employment. However, the examiner stated that his condition did not preclude him from sedentary work. In a September 2012 VA examination report, the examiner opined that the Veteran’s service-connected shoulder disability impacted his ability to work. The examiner noted that the Veteran was unable to lift or reach overhead. In an October 2012 VA examination report, the examiner opined that the Veteran’s service-connected knee conditions have impacted his ability to work. The examiner noted that the Veteran was unable to do prolonged standing, sitting, and walking due to knee pain, or any kind of physical work. Additionally, a November 2016 letter from the Veteran’s private provider, it was noted that the Veteran was wheelchair bound and was unable to walk as a result of a complication from a surgery for his service-connected left knee disability. Based on the subjective report of the Veteran and the objective findings in the VA examination reports and medical evidence of record, the Board finds that the Veteran's service-connected disabilities significantly impact his ability to function in an occupational setting. They result in rather significant limitations on his ability to perform any physical activity. While there is some indication from the record that the Veteran would be able to perform sedentary employment, the evidence tends to show that the Veteran’s ability to sit for long periods of time is also impaired. fatigue, shortness of breath, significant pain and discomfort in his legs, and a limitation on his ability to perform physical and sedentary tasks. In light of the Veteran's employment history and the functional limitations described above, the Board finds that he is unable to secure or follow a substantially gainful occupation in accordance with his industrial background and education level as a result of his service-connected disabilities. Accordingly, resolving reasonable doubt in favor of the Veteran, the Board finds that entitlement to TDIU is warranted for the entire period on appeal. 38 U.S.C. § 5107 (b) (2012); Gilbert v. Derwinski, 1 Vet. App. 49 (1990). Kristin Haddock Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD Christina Quant, Law Clerk