Citation Nr: 21002379 Decision Date: 01/13/21 Archive Date: 01/13/21 DOCKET NO. 15-36 336 DATE: January 13, 2021 ORDER Entitlement to a total disability rating based on individual unemployability (TDIU) due to service-connected disabilities is granted. FINDING OF FACT The Veteran has been unable to obtain or sustain substantially gainful employment as a result of his service-connected disabilities. CONCLUSION OF LAW The criteria for an award of TDIU are met from February 1, 2012 to October 27, 2013 and from November 24, 2014 to July 23, 2015. 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 In February 2019, the Veteran testified at a videoconference hearing before the undersigned. The appeal was remanded by the Board in June 2019 for further development. In part, the grant of TDIU is based on the functional limitations caused by the service-connected residuals of prostate cancer. On this basis, the Board does not grant entitlement for TDIU for a period prior to the service-connection for this disability; service connection for residuals of prostate cancer is effective as of March 15, 2011; a hundred present rating was in effect from this service connection date under February 1, 2012. Entitlement to a total disability rating based on individual unemployability (TDIU) due to service-connected disabilities The Veteran contends he is entitled to a TDIU due to service-connected disabilities. 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, at various periods during the appellate period, the Veteran met the schedule rating requirement for a TDIU under 38 C.F.R. § 4.16 (a). These periods were specifically from February 1, 2012 to October 27, 2013, when he had a combined 70 percent rating, and from November 24, 2014 to July 23, 2015, when he had a combined 90 percent rating. During the remaining appellate periods he had a combined 100 percent rating. Under the evidence and procedural history of this appeal, the question of TDIU is moot during the periods during which the Veteran is in receipt of a 100 percent schedular rating. In this regard, as discussed below, TDIU is warranted based on the combined impact of service-connected disability upon the Veteran’s ability to maintain substantially gainful employment and no one disability prevents employability without consideration of additional service-connected disability. During the times the Veteran met the schedular requirement for a TDIU. Based on a review of the evidence, the Board concludes that an award of TDIU is warranted for the periods where the Veteran met the schedular requirements for a TDIU. 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 the Veteran has submitted VA Form 21-8940 Application for Increased Compensation Based on Unemployability several times, most recently in February 2020, where he indicated his sole occupation had been as a mechanic and that he last worked in January 1989. On a VA Form 21-8940 Application for Increased Compensation Based on Unemployability submitted in November 2019, he reported he completed high school and had no other education or training. The Board finds that the evidence of record reflects unemployability due to service-connected disability, to include as due to service-connected PTSD and residuals of prostate disabilities. The Board finds that he is unemployable due to his service-connected disability. The evidence is in equipoise. See 38 U.S.C. § 5107. Based on review of the evidence and procedural history of this appeal, the Board further finds the grant of a TDIU is warranted from February 1, 2012 to October 27, 2013 and from   November 24, 2014 to July 23, 2015 — the time periods when he met the schedular requirements for 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.