Citation Nr: 21014256 Decision Date: 03/11/21 Archive Date: 03/11/21 DOCKET NO. 18-53 248A DATE: March 11, 2021 ORDER Entitlement to a total rating based on individual unemployability due to service-connected disabilities (TDIU) is denied. FINDINGS OF FACT 1. The Veteran did not meet the schedular requirements for entitlement to service connection for TDIU prior to January 31, 2013, and has not asserted a disability picture that would warrant consideration pursuant to 38 C.F.R. § 4.16(b) as the evidence does not show that the service-connected disabilities precluded securing or following a substantially gainful occupation.  2. As of January 31, 2013, the evidence does not show that intervertebral disc syndrome alone caused unemployability. CONCLUSION OF LAW The criteria for TDIU are not met.  38 U.S.C. § 1155; 38 C.F.R. §§ 3.340, 3.341, 4.15, 4.16.  REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran had active service from April 1951 to July 1952 and from July 1953 to March 1954. He served in the Republic of Korea and was awarded the Combat Infantryman Badge. Entitlement to TDIU prior to January 31, 2013 The Veteran contends that he is unable to work as a result of service-connected post-traumatic stress disorder (PTSD) and intervertebral disc syndrome (IVDS). TDIU may be assigned, if the schedular rating is less than total, when the disabled person is unable to secure or follow a substantially gainful occupation as a result of service-connected disabilities, provided that if there is only one such disability it is ratable at 60 percent or more, and that if there are two or more such disabilities at least one is ratable at 40 percent or more and the combined rating is 70 percent or more.  38 C.F.R. § 4.16(a).  The central inquiry is whether the service-connected heart disability alone is of sufficient severity to produce unemployability.  Hatlestad v. Brown, 5 Vet. App. 524 (1993).  Neither nonservice-connected disabilities nor advancing age may be considered in the determination.  38 C.F.R. §§ 3.341, 4.19; Van Hoose v. Brown, 4 Vet. App. 361 (1993).  Prior to January 31, 2013, the Veteran had established service connection for PTSD, rated 50 percent; and intervertebral disc syndrome (IVDS) rated 20 percent. The Veteran had a total combined service-connected disability rating of 60 percent. The Veteran did not meet the minimum schedular requirements for consideration for eligibility to TDIU pursuant to 38 C.F.R. § 4.16(a).  The Board finds that the Veteran has not provided evidence to show that it is at least as likely as not that he was unable to secure or follow a substantially gainful occupation due to service-connected disability prior to January 31, 2013.  In a December 2010 PTSD examination, the Veteran reported that his unemployment was not due to PTSD but was the result of a car accident in which he injured his cervical spine. VA examiners found the Veteran capable of work with moderate modifications. The Veteran reported having a high school education and previously working as a chef for a few years after separation from service. The issue is whether the Veteran was capable of performing the physical and mental tasks required by employment, not required by a particular job.  Accordingly, the Board finds that the preponderance of the evidence is against the claim for TDIU prior to January 31, 2013, and the claim must be denied. As of January 31, 2013, the Veteran established a 100 percent schedular rating for PTSD. Intervertebral disc syndrome was rated 20 percent as of November 23, 2009; 40 percent as of February 8, 2016; and 20 percent as of June 1, 2017.  The Board finds that the evidence does not show that the Veteran is unemployable solely due to the service-connected intervertebral disc syndrome and that the preponderance of the evidence is against any such finding. The evidence of record does not contain competent evidence that suggests the spine disability alone has caused unemployability. Therefore, the Board finds that any claim for TDIU as of January 31, 2013, must also be denied. Harvey P. Roberts Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board K. Cross, 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.