Citation Nr: 21006890 Decision Date: 02/05/21 Archive Date: 02/05/21 DOCKET NO. 15-01 556 DATE: February 5, 2021 ORDER Entitlement to a total disability rating based on individual unemployability (TDIU) is granted. FINDING OF FACT The Veteran’s service-connected disabilities render her unable to secure or follow a substantially gainful occupation. CONCLUSION OF LAW The criteria for entitlement to a TDIU have been met. 38 U.S.C. § 5107; 38 C.F.R. § 4.16. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran had active service with the United States Army from November 1974 to July 1975. In May 2019, the Board remanded the claim for further development. TDIU VA will grant a TDIU when the evidence shows that the veteran is precluded, because of service-connected disabilities, from obtaining and maintaining any form of substantially gainful employment consistent with his or her education and occupational experience. 38 C.F.R. §§ 3.340, 3.341, 4.16. The central inquiry in a TDIU claim is whether the veteran’s service-connected disabilities alone are of sufficient severity to produce unemployability. Hatlestad v. Brown, 5 Vet. App. 524, 529 (1993). A total disability rating for compensation may be assigned when the veteran receives less than a total disability rating (less than 100 percent) and is unable to secure or follow a substantially gainful occupation because of service-connected disabilities. Regulations provide that if a veteran is service-connected for one disability, it must be rated as 60 percent disabling or more. If a veteran is service-connected for two or more disabilities, at least one disability must be rated at 40 percent or more, and sufficient additional disability must bring the combined rating to 70 percent or more. 38 C.F.R. § 4.16. The Veteran has the following service-connected disabilities: gastritis with duodenal ulcers, rated as 60 percent disabling; major depressive disorder, rated as 50 percent disabling; residuals of a left knee meniscectomy, rated as 20 percent disabling; residual abdominal scar associated with gastritis with duodenal ulcers, rated as noncompensable and surgical scarring associated with gastritis with duodenal ulcers rated as noncompensable. The Veteran has a combined rating of 80 percent. Thus, the Veteran’s service-connected disabilities meet the schedular criteria for TDIU. In her November 2019 application for increased compensation based on unemployability, the Veteran reported that she has a high school education and has a past employment history working administrative jobs. She reported that she became too disabled to work in February 2011 and listed her service-connected disabilities of major depressive disorder and gastritis as preventing her from securing or maintaining gainful employment. The evidence shows that the Veteran’s service-connected disabilities preclude her from securing or following a substantially gainful occupation. In an October 2020 VA stomach and duodenal conditions examination report, the examiner noted that the Veteran has bowel incontinence which makes it very difficult to work outside the home. The examiner stated that the Veteran must be near a restroom with a shower to maintain personal hygiene and avoid infection. The Veteran was on a liquid diet and eating causes pain and nausea. Moreover, in an October 2020 VA mental disorders examination report, the Veteran reported having dysphoric moods, low motivation, irritability, feelings of worthlessness, and poor sleep. The Veteran described her inability to work as caused by her chronic health problems. The examiner noted that the Veteran’s low motivation to complete tasks, distractions caused by dysphoric moods and social withdrawal may all have a negative impact on her occupational functioning. The examiner felt that the Veteran’s secondary depressive symptoms may further contribute to her functioning deficits. Considering the limitations presented by her service-connected gastritis with duodenal ulcers and major depressive disorder, the Board cannot find that the Veteran could secure or follow a substantially gainful occupation, regardless of her past work history or educational background. (Continued on next page) For the foregoing reasons, entitlement to a TDIU is granted. Evan M. Deichert Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board J. Henriquez, 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.