Citation Nr: 21067384 Decision Date: 11/04/21 Archive Date: 11/04/21 DOCKET NO. 14-01 902 DATE: November 4, 2021 ORDER A total disability rating based on individual unemployability due to service-connected disabilities (TDIU) prior to February 1, 2021, is denied. FINDING OF FACT Prior to February 1, 2021, the Veteran did not meet the criteria for a TDIU. CONCLUSION OF LAW The criteria for TDIU prior to February 1, 2021, are not met. 38 U.S.C. §§ 1155, 5103, 5103A, 5107; 38 C.F.R. §§ 3.102, 3.340, 3.341, 4.16, 4.18. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from June 1977 to August 1986. An August 2021 rating decision granted a TDIU as of February 1, 2021. As this does not constitute a full grant of the benefit sought on appeal, the issue of a TDIU prior to February 1, 2021, remains on appeal. AB v. Brown, 6 Vet. App. 35, 39 (1993). 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). In this matter, prior to February 1, 2021, the Veteran had a combined 60 percent total disability rating for her service connected disabilities. She also did not have a single disability rated at 40 percent or higher prior to February 1, 2021. Hence, the Veteran does not meet the criteria for a schedular TDIU rating per 38 C.F.R. § 4.16 (a). Nevertheless, it is VA's established policy that all veterans who are unable to secure and follow a substantially gainful occupation by reason of service-connected disabilities shall be rated totally disabled. Therefore, if the schedular percentage threshold criteria are not met, but there is evidence of unemployability due to service-connected disabilities, the case must be submitted to the Director, Compensation, for extra-schedular consideration of a TDIU. 38 C.F.R. § 4.16 (b). In this matter there is no evidence which establishes that the Veteran's headaches and right and left knee replacement with patellofemoral syndrome rendered her unable to secure and follow substantially gainful occupation prior to February 1, 2021. The VA examinations of record did not have any findings of functional impairment associated with her service connected conditions prior to February 1, 2021. A November 2017 VA examination reported that the Veteran stated her headaches had improved, occurred once every 6 months, and did not include pain. Her headaches were not found to cause functional impairment. See November 2017 VA examination. Additionally, prior to February 2021, there is no evidence that the Veteran's bilateral knee disabilities caused her functional impairment. See August 2012 VA examination. While the Veteran's VA medical records do document reports of pain and treatment for her bilateral knee disabilities, the records do not document any functional impact or limitation associated with her bilateral knee disabilities which could be construed as rendering her unemployable. Thus, though the Veteran's employability may have been impacted by her service connected disabilities, there is no evidence which indicated that these conditions rendered the Veteran unable to secure or follow a substantially gainful occupation. The Board finds that the AOJ did not err in failing to refer the case to the Director as referral for the period prior to February 1, 2021, was not warranted. As the preponderance of the evidence is against the claim, the benefit-of-the-doubt rule is not for application, and the claim must be denied. See 38 U.S.C. § 5107(b); 38 C.F.R. § 3.102; Gilbert v. Derwinski, 1 Vet. App. 49 (1990). 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.