Citation Nr: 21009783 Decision Date: 02/23/21 Archive Date: 02/23/21 DOCKET NO. 15-20 158 DATE: February 23, 2021 ORDER Entitlement to a total disability rating based on individual unemployability (TDIU) is granted. FINDINGS OF FACT 1. The record evidence shows that service connection is in effect for unspecified depressive disorder, evaluated as 70 percent disabling effective January 19, 2021, atypical headaches with features of migraines, evaluated as 50 percent disabling effective July 15, 2013, chronic lumbar strain with degenerative disc disease, evaluated as 40 percent disabling effective October 2, 2020, radiculopathy of the right upper extremity, evaluated as 40 percent disabling effective October 2, 2020, degenerative disc disease with spinal stenosis and cervical strain, evaluated as 30 percent disabling effective July 15, 2013, radiculopathy of the left upper extremity, evaluated as 30 percent disabling effective October 2, 2020, chronic tendinosis acromioclavicular joint osteoarthritis, evaluated as 20 percent disabling effective July 15, 2013, lumbar radiculopathy of the sciatic nerve of the left lower extremity, evaluated as 20 percent disabling effective October 2, 2020, lumbar radiculopathy of the sciatic nerve of the right lower extremity, evaluated as 20 percent disabling effective October 2, 2020, lumbar radiculopathy of the femoral nerve of the left lower extremity, evaluated as 20 percent disabling effective October 2, 2020, lumbar radiculopathy of the femoral nerve of the right lower extremity, evaluated as 20 percent disabling effective October 2, 2020, pseudofolliculitis barbae (PFB), evaluated as 10 percent disabling effective February 2, 2012, gastroenteritis, evaluated as 10 percent disabling effective July 15, 2013, and right shoulder scars, evaluated as zero percent disabling effective October 2, 2020; the Veteran’s combined disability evaluation for compensation is 100 percent effective October 2, 2020. 2. The record evidence shows that the Veteran’s service-connected disabilities, alone or in combination, preclude his ability to secure or follow substantially gainful employment. CONCLUSION OF LAW The criteria for entitlement to a TDIU have been met. 38 U.S.C. §§ 1155, 5107 (2012); 38 C.F.R. § 4.16 (2019). REASONS AND BASES FOR FINDINGS AND CONCLUSION The Veteran had active service from July to November 1984 and from June 1986 to June 1989. A videoconference Board hearing was held in August 2018 before the undersigned Veterans Law Judge and a copy of the hearing transcript has been added to the record. In July 2020, the Board remanded the currently appealed claims to the Agency of Original Jurisdiction (AOJ) for additional development. A review of the claims file shows that there has been substantial compliance with the Board’s remand directives. The Board directed the AOJ to schedule the Veteran for updated examinations to determine the nature and etiology of his claimed disabilities. These examinations occurred in October 2020. See Stegall v. West, 11 Vet. App. 268 (1998); see also Dyment v. West, 13 Vet. App. 141 (1999) (holding that another remand is not required under Stegall where the Board’s remand instructions were substantially complied with), aff’d, Dyment v. Principi, 287 F.3d 1377 (2002). Because the Veteran currently lives within the jurisdiction of the RO in Montgomery, Alabama, that facility has jurisdiction in this appeal. 1. Entitlement to a TDIU The Board finds that the evidence supports granting the Veteran’s claim of entitlement to a TDIU. The Veteran essentially contends that his service-connected disabilities, alone or in combination, precluded him from securing or following substantially gainful employment. The record evidence supports his assertions. The Board notes initially that service connection is in effect for unspecified depressive disorder, evaluated as 70 percent disabling effective January 19, 2021, atypical headaches with features of migraines, evaluated as 50 percent disabling effective July 15, 2013, chronic lumbar strain with degenerative disc disease, evaluated as 40 percent disabling effective October 2, 2020, radiculopathy of the right upper extremity, evaluated as 40 percent disabling effective October 2, 2020, degenerative disc disease with spinal stenosis and cervical strain, evaluated as 30 percent disabling effective July 15, 2013, radiculopathy of the left upper extremity, evaluated as 30 percent disabling effective October 2, 2020, chronic tendinosis acromioclavicular joint osteoarthritis, evaluated as 20 percent disabling effective July 15, 2013, lumbar radiculopathy of the sciatic nerve of the left lower extremity, evaluated as 20 percent disabling effective October 2, 2020, lumbar radiculopathy of the sciatic nerve of the right lower extremity, evaluated as 20 percent disabling effective October 2, 2020, lumbar radiculopathy of the femoral nerve of the left lower extremity, evaluated as 20 percent disabling effective October 2, 2020, lumbar radiculopathy of the femoral nerve of the right lower extremity, evaluated as 20 percent disabling effective October 2, 2020, PFB, evaluated as 10 percent disabling effective February 2, 2012, gastroenteritis, evaluated as 10 percent disabling effective July 15, 2013, and right shoulder scars, evaluated as zero percent disabling effective October 2, 2020. The Veteran’s combined disability evaluation for compensation is 100 percent effective October 2, 2020; thus, he currently meets the schedular criteria for a TDIU. See 38 C.F.R. § 4.16(a) (2019). The record evidence shows that the Veteran’s service-connected disabilities, alone or in combination, preclude him from securing or following a substantially gainful occupation, entitling him to a TDIU. For example, on a VA Form 21-8940 (formal TDIU claim) received by the AOJ in September 2016, the Veteran stated that his service-connected lumbosacral spine disability, migraines, right shoulder disability, and gastroenteritis prevented him from securing or following a substantially gainful occupation. He last had worked full-time in March 2013 when he became too disabled to work. He also reported that he currently was a college student. On VA headaches Disability Benefits Questionnaire (DBQ) in September 2016, the VA examiner stated that the Veteran’s service-connected headaches impacted his ability to work. The Veteran reported that he was a student “and misses 4-5 days per semester due to headaches – has to lie down in [a] dark room and is unable to focus.” In statements on a VA Form 21-0820 dated in September 2017, the Veteran reported that his most recent employers would not provide information concerning his former employment because he was considered a subcontractor and there were no records available. On VA stomach and duodenal conditions DBQ in October 2020, the VA examiner stated that the Veteran’s service-connected gastroenteritis impacted his ability to work. He also stated that the Veteran was “unable to concentrate or focus with a flare-up of gastroenteritis.” On VA back (thoracolumbar spine) conditions DBQ in October 2020, the VA examiner stated that the Veteran’s service-connected lumbosacral spine disability impacted his ability to work. “The Veteran will not be able to perform job duties that require[] standing, running, or walking for extended periods of time.” On VA neck (cervical spine) conditions DBQ in October 2020, the VA examiner stated that the Veteran’s service-connected cervical spine disability impacted his ability to work. “The Veteran will not be able to perform job duties that require[] lifting, pulling, [or] pushing overhead for over 10-15 minutes.” On VA shoulder and arm conditions DBQ in October 2020, the VA examiner stated that the Veteran’s service-connected right shoulder disability impacted his ability to work. “[The] Veteran [is] unable to reach overhead without pain to right shoulder.” The Veteran essentially contends that his service-connected disabilities, alone or in combination, preclude him from securing or following a substantially gainful occupation, entitling him to a TDIU. The Board agrees. The record evidence shows that multiple service-connected disabilities impacted his ability to work as evidenced by multiple VA examiner’s opinions obtained in October 2020. Although the Veteran’s post-service employment history is not clear from a review of the record evidence, he has reported consistently that his service-connected disabilities precluded his employability. According to the October 2020 VA examiner’s opinions, the Veteran is “unable to concentrate or focus” due to his gastroenteritis and unable to perform job duties which require standing, running, walking, lifting, pulling, or pushing overhead for longer than 10-15 minutes as a result of his service-connected disabilities. All of these opinions were fully supported. See Stefl v. Nicholson, 21 Vet. App. 120, 124 (2007) (finding that a medical opinion "must support its conclusion with an analysis that the Board can consider and weigh against contrary opinions"). In summary, and after resolving any reasonable doubt in the Veteran’s favor, the Board finds that the criteria for a TDIU have been met. R. FEINBERG Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board Michael T. Osborne, 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.