Citation Nr: 21071588 Decision Date: 11/30/21 Archive Date: 11/30/21 DOCKET NO. 20-02 271 DATE: November 30, 2021 ORDER Entitlement to a total disability rating based upon individual unemployability due to service-connected disabilities (TDIU) is granted. FINDING OF FACT The Veteran's service-connected disabilities are shown have rendered him unable to secure and follow a substantially gain occupation. CONCLUSION OF LAW The criteria for entitlement to a TDIU have been met. 38 U.S.C. § 1155; 38 C.F.R. §§ 3.340, 4.16(a). REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty in the United States Navy from May 1966 to July 1969. This matter comes to the Board of Veterans' Appeals (Board) from a September 2017 rating decision issued by a Regional Office (RO) of the Department of Veterans Affairs (VA), which denied entitlement to a TDIU. Entitlement to a TDIU A total rating for compensation 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 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. TDIU will be granted when the evidence shows that a veteran is precluded, by reason of service-connected disability, from obtaining and maintaining any form of gainful employment consistent with his or her education and occupational experience. 38 C.F.R. §§ 3.340, 3.341, 4.16. A Veteran's service-connected disabilities, employment history, educational and vocational attainment, and all other factors having a bearing on the issue must be addressed. Age may not be considered as a factor in evaluating service-connected disability; and unemployability, in service-connected claims, associated with advancing age or intercurrent disability, may not be used as a basis for a total disability rating. 38 C.F.R. § 4.19. The applicable regulations place responsibility for the ultimate TDIU determination on VA, not a medical examiner. Geib v. Shinseki, 773 F.3d 1350, 1354 (Fed. Cir. 2013). TDIU is to be awarded based on the judgment of the rating agency. Floore v. Shinseki, 26 Vet. App. 376, 381 (2013). The record shows that throughout the period on appeal, the Veteran meets the schedular requirements for TDIU consideration. From August 23, 2016, the Veteran's combined evaluation was 80 percent, predicated on a 60 percent rating for ischemic heart disease with grade 1 systolic dysfunction, a 30 percent rating for posttraumatic stress disorder (PTSD) with alcohol use disorder, a 20 percent rating for bilateral hearing loss, and a 10 percent rating for tinnitus. The Veteran contends that he is unemployable due to his service-connected disabilities. He reports that he last worked as a mechanic/road maintenance crew for the Texas Department of Transportation (DOT) in April 2016. It was noted that he completed two years of college education, and that he had owned a mechanic shop from 1990 to 2012. As to employability, in an August 2017 VA heart conditions examination, the Veteran reported chest pain when sitting or lying down, occasional palpitation and shooting pain to his left arm, shortness of breath, and no energy. He stated that he blacked out once while driving a work vehicle for the Texas DOT, which resulted in a motor vehicle accident. He explained that he quit his job because of this incident. During the examination, the Veteran underwent an interview-based metabolic equivalents (METs) test. The Veteran experienced the following symptoms: dyspnea, fatigue, and angina. Based on the test, the examiner determined that the Veteran's METs level was consistent with activities such as walking one flight of stairs, golfing (without cart), mowing lawn (push mower), and heavy yard work (digging). The examiner noted that the Veteran's heart condition decreased his ability in performing activities that require exertion such as lifting or climbing stairs with prolonged activity. In a December 2017 VA heart conditions examination, the Veteran reported chest pain, shortness of breath, no energy, numbness to left arm, and tiredness. He stated that he cannot mow his lawn. During the examination, the Veteran underwent another interview-based METs test. The Veteran experienced the following symptoms: dyspnea, fatigue, angina, and dizziness. Based on the test, the examiner determined that the Veteran's METs level was consistent with activities such as light yard work (weeding), mowing lawn (power mower) and brisk walking (4 miles per hour). The examiner noted that the Veteran's heart condition decreased his ability in performing activities that require exertion such as lifting or climbing stairs with prolonged activity. In a December 2017 VA hearing loss and tinnitus examination, the examiner found that the Veteran's hearing loss impacted ordinary conditions of daily life, including the ability to work. The Veteran stated that he could not hear when people spoke, so he started reading lips. He explained that it sounds like everyone is mumbling when they are speaking at a normal volume. He reported having a difficult time hearing with background noise and that he relies on his hearing aids. In a January 2018 VA PTSD examination, the examiner opined that the Veteran exhibited occupational and social impairment with occasional decrease in work efficiency and intermittent periods of inability to perform occupational tasks, although generally functioning satisfactorily, with normal routine behavior, self-care and conversation. The Veteran's noted PTSD symptoms included depressed mood, anxiety, suspiciousness, chronic sleep impairment, mild memory loss, and disturbance of mood and motivation. The Veteran reported significant problems with sleep maintenance due to nightmares. He stated that he struggles with flashbacks, and is afraid of the dark and someone coming up behind him. He explained that he locks himself in at home when it gets dark out. Based on the foregoing, the Board finds that the collective symptoms associated with the Veteran's service-connected disabilities have rendered him unable to secure and follow a substantially gainful employment. The August 2017, December 2017, and January 2018 VA examinations are found to be persuasive that the Veteran's service-connected disabilities limit his functional ability to maintain employment as a mechanic or as a road maintenance crew member, and that he lacks the skill, experience, and education to pursue other types of employment. These findings are consistent with the overall evidence obtained. As such, the Board finds a TDIU is warranted. MICHAEL A. HERMAN Veterans Law Judge Board of Veterans' Appeals Attorney for the Board E. Fairlie, Associate 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.