Citation Nr: 19123545 Decision Date: 03/29/19 Archive Date: 03/28/19 DOCKET NO. 17-53 191 DATE: March 29, 2019 ORDER Entitlement to a total disability rating due to individual unemployability (TDIU) is granted. FINDING OF FACT Resolving reasonable doubt in the Veteran’s favor, entitlement to a TDIU is granted. CONCLUSION OF LAW Resolving reasonable doubt in the Veteran’s favor, the criteria for TDIU have been met. 38 U.S.C. §§ 1155, 5103A, 5107; 38 C.F.R. §§ 3.340, 4.16(a). REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from January 1968 to August 1970. This matter comes before the Board of Veterans’ Appeals (Board) from a March 2017 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO). Entitlement to a TDIU. The Veteran submitted a claim for entitlement to TDIU, received by VA on December 15, 2016. Total disability ratings for compensation may be assigned, where the schedular rating is less than total, when the disabled person is, in the judgment of the rating agency, unable to secure or follow a substantially gainful occupation as a result of service-connected disabilities: provided, that, if there is only one such disability, this disability shall be ratable at 60 percent or more, and that, if there are two or more disabilities, there shall be at least one disability ratable at 40 percent or more, and sufficient additional disability to bring the combined rating to 70 percent or more. It is provided that the existence or degree of nonservice-connected disabilities or previous unemployability status will be disregarded where the percentages referred to in this paragraph for the service- connected disability or disabilities are met and in the judgment of the rating agency such service-connected disabilities render the Veteran unemployable. 38 C.F.R. § 4.16. In determining whether unemployability exists, consideration may be given to the Veteran’s level of education, special training and previous work experience, but not to his age or to any impairment caused by nonservice-connected disabilities. See 38 C.F.R. §§ 3.341, 4.16, 4.19. The Veteran’s service-connected disabilities are the following: PTSD rated as 70 percent disabling, and diabetes mellitus, type II with bilateral lower extremity peripheral neuropathy, rated as 20 percent disabling. The Veteran’s combined disability rating is 80 percent. He therefore meets the criteria for consideration of TDIU on a schedular basis for the entire appeal period. 38 C.F.R. § 4.16(a). The evidence indicates that the Veteran has a high school education. See June 2016 C&P Exam. The Veteran last had full time employment as a truck driver until October 1, 2016 and he reported he became too disabled to work from that date. See December 2016 Veteran’s Application for Increased Compensation Based on Unemployability. In a July 2015 private psychological evaluation by his treating psychologist, the examiner noted the Veteran’s service-connected PTSD caused significant disturbances in all areas in his life. See October 2015 Medical Treatment Record – Non-Government Facility. The examiner noted the PTSD symptoms interfered with his ability to attend to and process information that would enable him to learn new tasks and that his hyperirritability severely compromised his ability to initiate or sustain work relationships. The examiner considered the Veteran permanently disabled. In an October 2015 private psychological evaluation by his treating psychologist, the examiner noted the Veteran’s ongoing sleep problems that caused him to be tired during the day, that the Veteran had an average of 3 hours of sleep per night. See November 2015 Medical Treatment Record – Non-Government Facility. The examiner noted the Veteran experienced racing intrusive thoughts and that the PTSD symptoms interfered significantly in all areas of his life. The examiner found the Veteran to be permanently disabled. During the June 2016 VA examination, the Veteran reported that at work he was agitated around others, was irritable, and was triggered by noise and crowds. See June 2016 C&P Exam. The Veteran reported re-experiencing trauma, had avoidance reactions, had hyperarousal, was hypervigilant, had high startle response, had poor sleep patterns, had trouble concentrating, and experienced loss of interest in activities, and felt detached from others. In a March 2017 VA examination, the Veteran reported that in October 2016 he had left his job and that he had been working full time for ten years prior to leaving. See March 2017 C&P Exam. He reported getting into a verbal confrontation with a customer. Prior to his last employment, he had been employed full time for 37 years. He reported that he avoided crowded places and sitting in places where he could not see everyone. He reported persistent feelings of fear, anger, guilt, and shame; markedly diminished interest in activities; and feelings of detachment from others. He reported increased irritability, increased hypervigilance, exaggerated startle response, and chronic sleep disturbance. In an August 2017 private psychological evaluation by his treating psychologist, the examiner noted the Veteran continued to experience significant disturbances in all areas of his life due to his PTSD symptoms. See September 2017 Third Party Correspondence. The examiner noted the Veteran experienced nightmares that disrupted his sleep, he only got a maximum of three hours of sleep, and had reported feeling tired all the time. The examiner noted the Veteran was having problems managing his diabetes and was having more problems with his memory and concentration. The examiner found the Veteran to be totally and permanently disabled and unemployable. Considering the private opinions with adequate rationales submitted in support of the claim, the Board concludes that the Veteran’s service-connected disabilities prevent him from securing and following substantially gainful employment consistent with his education and occupational experience. Although the Veteran’s former employer indicated that he left work in July 2016 because of left leg swelling and knee slipping out of joint, there is also probative evidence that his service-connected PTSD likely prevents him from securing or maintaining employment. Accordingly, resolving any reasonable doubt, assignment of a TDIU rating is warranted for the entire appeal period. 38 U.S.C. § 1155; 38 C.F.R. § 4.16. S. HENEKS Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD J. Cheng, Associate Counsel