Citation Nr: 21010405 Decision Date: 02/24/21 Archive Date: 02/24/21 DOCKET NO. 19-19 714 DATE: February 24, 2021 ORDER Entitlement to a total disability rating due to individual unemployability (TDIU), effective April 21, 2018, is granted. FINDING OF FACT The Veteran’s posttraumatic stress disorder (PTSD) results in her inability to obtain and maintain employment as of April 21, 2018. CONCLUSION OF LAW The criteria for entitlement to a TDIU based on service-connected PTSD have been met as of April 21, 2018. 38 U.S.C. §§ 1155, 5107; 38 C.F.R. §§ 3.102, 3.340, 3.341, 4.16. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty in the United States Air Force from March 1981 to December 1985. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a July 2018 rating decision from the Department of Veterans Affairs (VA) Regional Office (RO). The Veteran presented sworn testimony at a hearing before the undersigned Veterans Law Judge (VLJ) in January 2021. TDIU The Veteran seeks a TDIU due to her service-connected PTSD. A total disability 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 the result of service-connected disabilities. See 38 U.S.C. § 1155; 38 C.F.R. §§ 3.340, 3.341, 4.16. Consideration may be given to a veteran’s level of education, special training, and previous work experience in arriving at a conclusion, but not to his age or the impairment caused by nonservice-connected disabilities. See 38 C.F.R. §§ 3.341, 4.16, 4.19. To qualify for a total rating for compensation purposes, the evidence must show (1) a single disability rated as 100 percent disabling; or (2) that the veteran is unable to secure or follow a substantially gainful occupation as a result of his service-connected disabilities and there is one disability ratable at 60 percent or more, or, if more than one disability, at least one disability ratable at 40 percent or more and a combined disability rating of 70 percent. 38 C.F.R. § 4.16(a). For the purpose of establishing one 60 percent disability, or one 40 percent disability in combination, disabilities affecting a single body system are considered as one disability. Id. Disabilities that are not service connected cannot serve as a basis for a total disability rating. 38 C.F.R. §§ 3.341, 4.19. Unlike the regular disability rating schedule, which is based on the average work-related impairment caused by a disability, “entitlement to TDIU is based on an individual’s particular circumstance.” Rice v. Shinseki, 22 Vet. App. 447, 452 (2009) (quoting Thun v. Peake, 22 Vet. App. 111, 116 (2008)). Therefore, in adjudicating a TDIU claim, VA must take into account the individual veteran’s education, training, and work history. Hatlestad v. Derwinski, 1 Vet. App. 164, 168 (1991) (level of education is a factor in deciding employability); see Friscia v. Brown, 7 Vet. App. 294 (1994) (considering veteran’s experience as a pilot, his training in business administration and computer programming, and his history of obtaining and losing 19 jobs in the previous 18 years); Beaty v. Brown, 6 Vet. App. 532 (1994) (considering veteran’s 8th grade education and sole occupation as a farmer); Moore v. Derwinski, 1 Vet. App. 356 (1991) (considering veteran’s master’s degree in education and his part-time work as a tutor). In determining whether a veteran can secure and follow a substantially gainful occupation, attention must be given to the following: • The veteran’s history, education, skill, and training; • Whether the veteran has the physical ability (both exertional and non-exertional) to perform the type of activities (e.g., sedentary, light, medium, heavy, or very heavy) required by the occupation at issue. Factors that may be relevant include, but are not limited to, the veteran’s limitations, if any, concerning lifting, bending, sitting, standing, walking, climbing, grasping, typing, and reaching, as well as auditory and visual limitations; and • Whether the veteran has the mental ability to perform the activities required by the occupation at issue. Factors that may be relevant include, but are not limited to, the veteran’s limitations, if any, concerning memory, concentration, ability to adapt to change, handle work-place stress, get along with coworkers, and demonstrate reliability and productivity. Ray v. Wilkie, 31 Vet. App. 58, 73 (2019). The ultimate question of whether a Veteran is capable of substantial gainful employment is an adjudicatory determination, not a medical one. See Geib v. Shinseki, 733 F.3d 1350, 1354 (Fed. Cir. 2013). The Veteran received a 70 percent for her service-connected PTSD. She has a high school diploma. See April 2018VA Form 21-8940. Her work history consists of work as a job trainer. After a review of the evidence of record, the Board finds, resolving any reasonable doubt as mandated by law (38 U.S.C. § 5107; 38 C.F.R. § 3.102), that the evidence supports the conclusion that the Veteran’s service-connected PTSD prevented her from securing and following substantially gainful employment since April 21, 2018, the day after the last day she worked full time. Prior to this time period, a TDIU was not warranted because the evidence supports a conclusion that the Veteran was able to obtain and maintain employment because she worked full-time. See April 2018 VA Form 21-8940. The Veteran’s service-connected PTSD results in her inability function in a work like setting. She has extreme difficulty being around crowds or groups of people. She is triggered by settings where a disproportionate number of men are present. She is also unable to maintain work quality in solitary work environments due to her difficulty concentrating because of daytime fatigue. VA examination reports show that she has disturbances in mood and motivation, difficulty establishing and maintaining effective relationships, including those in a work-like setting, and has difficulty adapting to stressful situations. At the January 2021 Board hearing, the Veteran also reported that she was forced to leave her last job due to her inability to perform the tasks. She relates her inability to perform the task with her poor sleep quality. More specifically, she has nightmares when she sleeps, so she developed fear, resulting in her sleeping for only a few hours a night. As a result, she experiences daytime fatigue and is unable to keep the regular schedule required to maintain a job. See January 2021 Hr’g Tr. At this hearing, the Veteran’s friend also detailed how the Veteran had difficulty maintaining her last job that they worked at together and this ultimately resulted in her unemployment. Id. The Veteran experiences panic attacks, hypervigilance in her home, and is frequently unable to leave her house due to the fear of engaging with others. See January 2021 Hr’g Tr.   Based on her specific occupational history, the Veteran was unable to obtain and maintain employment as of April 21, 2018. Thus, a TDIU is warranted. STEVEN D. REISS Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board Department of Veterans Affairs 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.