Citation Nr: 20028856 Decision Date: 04/24/20 Archive Date: 04/24/20 DOCKET NO. 18-52 457 DATE: April 24, 2020 ORDER A total disability rating due to individual unemployability (TDIU) is granted. FINDING OF FACT The Veteran’s service-connected disabilities render him unemployable. CONCLUSION OF LAW The criteria are met for a TDIU. 38 U.S.C. §§ 1155, 5107; 38 C.F.R. §§ 3.102, 3.159, 3.321, 4.16. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from April 1969 to November 1970. This appeal is from an April 2015 rating decision. 1. A TDIU is granted. When any impairment of mind or body sufficiently renders it impossible for the average person to follow a substantially gainful occupation, that impairment will be found to be causing total disability. 38 C.F.R. § 3.340. If the total rating is based on a disability or combination of disabilities for which the Schedule for Rating Disabilities provides an evaluation of less than 100 percent, it must be determined that the service-connected disabilities are sufficient to produce unemployability. 38 C.F.R. § 3.341. In evaluating total disability, full consideration must be given to unusual physical or mental effects in individual cases, to peculiar effects of occupational activities, to defects in physical or mental endowment preventing the usual amount of success in overcoming the handicap of disability and to the effects of combinations of disability. 38 C.F.R. § 4.15. Consideration may be given to a veteran’s level of education, special training, and previous work experience, but not to his or her age or the impairment caused by nonservice-connected disabilities. 38 C.F.R. §§ 3.341, 4.16, 4.19. If the schedular rating is less than total, a total disability evaluation can be assigned based on individual unemployability if the Veteran is unable to secure or follow a substantially gainful occupation as a result of service-connected disability, provided that the Veteran has one service-connected disability rated at 60 percent or higher; or two or more service-connected disabilities, with one disability rated at 40 percent or higher and the combined rating is 70 percent or higher. The existence or degree of nonservice-connected disabilities will be disregarded if the above-stated percentage requirements are met and the evaluator determines that the Veteran’s service-connected disabilities render him incapable of substantial gainful employment. 38 C.F.R. § 4.16(a). The Veteran is service connected for PTSD (at 50 percent), diabetes (at 20 percent), right and left upper and lower peripheral neuropathy (at 20 percent each), tinnitus (at 10 percent), and hearing loss (at 0 percent). His combined disability rating is 90 percent. Accordingly, he meets the eligibility requirements for a TDIU. The remaining inquiry is whether his service-connected disabilities preclude employment. The record shows he has a high school diploma. His previous work history was working for the state as a corrections officer and in maintenance. His most recent work was on a family farm, which he has not done since 2008. The record sufficiently shows he has not worked during the appeal period. The Veteran’s treating physicians have opined that he is unemployable. In an October 2014 letter, Dr. K.D. and Licensed Clinical Social Worker B.J. indicated the Veteran was unemployable. They noted he was partially deaf, and could not stand due to his lower extremity peripheral neuropathy. They indicated his PTSD left him volatile, angry, and confrontational, and that he suffered from sleep impairment that would affect performance. In a November 2018 letter, Dr. M.W.J. also opined the Veteran was unemployable from his disabilities. He indicated that the peripheral neuropathy of the upper extremities causes him to have difficulty gripping and grasping things, causing trouble picking things up or holding things in his hands. His peripheral neuropathy of the lower extremities prevents him from standing for a long time, and that he had difficulty with stairs and prolonged walking. Finally, the Veteran’s PTSD prevents him from adapting to new environments, causing increased stress and anxiety. Dr. M.W.J. opined that service-connected disabilities precluded employment. The Board notes that the August 2018 VA examination also shows the Veteran would have difficulty in adapting to stressful circumstances and difficulty in establishing relationships. This evidence is probative in favor of the award of a TDIU. The April 2015 VA examiner opined the Veteran could work at in a light duty position or in a desk job. However, as noted above, there is no evidence that the Veteran has any previous training or experience that would transfer to a light duty desk job. He was a correctional officer, maintenance man, and farmer, all of which required physical stamina due to the need for prolonged walking and standing. As a farmer and maintenance man, he was likely required to climb and crouch. These physical activities are precluded by his peripheral neuropathy. Further, he would need to be in a position that allowed him to work alone because his anger and volatility from PTSD would prevent him from being able to work with other people or the general public. His anxiety would prevent him from being able to adapt to a new work environment. Given the above, the Board finds that a TDIU is warranted. Nathaniel J. Doan Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board A. Gibson The Board’s decision in this case is binding only with respect to the instant matter decided. This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.