Citation Nr: 21001290 Decision Date: 01/07/21 Archive Date: 01/07/21 DOCKET NO. 181218-1794 DATE: January 7, 2021 ORDER A total disability rating based on individual unemployability due to service-connected disabilities (TDIU) prior to July 7, 2016 is granted. FINDING OF FACT Prior to July 7, 2016, the Veteran’s PTSD precluded him from obtaining or maintaining gainful employment. CONCLUSION OF LAW The criteria for a TDIU prior to July 7, 2016, have been met. 38 U.S.C. § 1155; 38 C.F.R. §§ 3.321, 4.16. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from June 1970 to June 1973. This matter has a procedural history which includes a Board Decision in June 2019 and an August 2020 Order of the Court of Appeals for Veterans Claims (Court) which enacted a Joint Motion for Partial Remand (JMPR) vacating portion of the Board’s May 2019 Decision denying a TDIU prior to July, 2016. TDIU A TDIU 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 because of a single service-connected disability ratable at 60 percent or more, or because of two or more disabilities, provided at least one disability 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). Period Prior to July 6, 2016 The Veteran has a 70 percent rating for his PTSD as of September 12, 2014. Hence, the Veteran meets the criteria for a schedular TDIU rating per 38 C.F.R. § 4.16 (a) as of that date. After review of the record, and in consideration of the Veteran’s statements and resolving reasonable doubt in favor of the Veteran, the Board finds that the Veteran’s PTSD symptoms precluded him from obtaining or maintaining gainful employment prior to July 6, 2016. The record shows that the Veteran last had fulltime employment in December 2011, when he noted he retired from working as a chef due to joint disease. See July 2014 VA examination. However, though the Veteran might have retired in 2011 due to joint disease, the record shows that since that time, the Veteran’s PTSD symptoms increased in severity and had a significant impact upon his ability to obtain or maintain other employment. The July 2014 VA examination noted the Veteran experienced significant occupational impairment associated with his mental health disabilities. The examiner noted that the Veteran’s PTSD symptoms likely undermined if not impaired his functional status across critical life domains, including occupational ones. A May 2015 VA examination noted that the Veteran reported a pattern of conflict with prior fellow employees which at times ended in violence. The Veteran reported multiple firings from prior employers due to fighting which had resulted in his being arrested. The Veteran also stated that he did not seek further employment as he has exhausted his resources after his prior firing. Finally, VA medical records showed that the Veteran had a one day a week job which required him to take small doses of his medication against prescription instruction prior to his one day of work so that he could avoid significant irritability/anger/interpersonal complications with co-workers. See August 2016 VA medical record. Based on the foregoing, the Board finds that entitlement to a TDIU prior to July 6, 2016, is warranted. Resolving any reasonable doubt in favor of the Veteran, the Veteran’s PTSD symptoms severely impacted his ability to obtain and maintain substantially gainful employment prior to July 6, 2016. JOHN Z. JONES Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board A. Parrish, 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.