Citation Nr: 20042274 Decision Date: 06/22/20 Archive Date: 06/22/20 DOCKET NO. 14-22 971 DATE: June 22, 2020 ORDER Entitlement to a total disability rating based on individual unemployability (TDIU) due to service-connected disability is granted, effective August 30, 2011. FINDING OF FACT As of August 30, 2011, the Veteran has been unable to obtain or sustain substantially gainful employment as a result of her service-connected disability. CONCLUSION OF LAW The criteria for an award of TDIU are met as of August 30, 2011. 38 U.S.C. §§ 1155, 5107; 38 C.F.R. §§ 3.340, 3.341, 4.15, 4.16. REASONS AND BASES FOR FINDING AND CONCLUSION This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a November 2012 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO). It was last before the Board in February 2020, when the Board granted service connection for an acquired psychiatric disorder and remanded entitlement to a TDIU. A TDIU rating 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 as a result 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 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). Here, the Veteran has one service-connected disability, an acquired psychiatric disorder, to include schizoaffective disorder, which is rated as 70 percent disabling, as of August 30, 2011. Therefore, the schedular rating requirement for a TDIU rating under 38 C.F.R. § 4.16 (a) is met. Based on a review of the evidence, the Board concludes that an award of TDIU is warranted for the entire appellate period, so effective August 30, 2011. The ultimate question before the Board is whether the Veteran is capable of substantial gainful employment, and this is a determination for the Board to make as the adjudicator of this appeal. See Geib v. Shinseki, 733 F.3d 1350, 1354 (Fed. Cir. 2013). Considering all the evidence of record, the Board finds that the evidence weighs in favor of a finding that the Veteran is not capable of substantially gainful employment. In this regard, the Board notes that the record, including the most recent March 2019 VA examination, reflect that the Veteran has been in receipt of Social Security Administration (SSA) disability since 1999 based on psychiatric disability and has experienced repeated homelessness. The examiner noted the Veteran had occupational and social impairment with deficiencies in most areas. The Veteran submitted a Form VA 21-8940 Application for Increased Compensation Based on Unemployability in April 2020, where she reported she had a high school education. The majority of her work history involved overnight care for the elderly. She stated she last worked full-time in 1997, and she had been unable to work since then due to her acquired psychiatric disorder. Considering the severity of the Veteran’s service-connected acquired psychiatric disorder, as well as her employment and education history, and in affording her the benefit-of-the-doubt, the Board finds that she is unemployable due to her service-connected disability. The evidence is in favor of the grant of a TDIU. See 38 U.S.C. § 5107. Based on review of the evidence and procedural history of this appeal, the Board further finds an effective date of August 30, 2011 is warranted for the grant of a TDIU; this is a complete grant of the benefit sought under these facts and procedural history. Nathaniel J. Doan Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board A. Dean, Counsel 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.