Citation Nr: 21015061 Decision Date: 03/16/21 Archive Date: 03/16/21 DOCKET NO. 12-25 173 DATE: March 16, 2021 ORDER A total rating for compensation purposes based on individual unemployability due to service-connected disabilities (TDIU) from December 8, 2008, to April 10, 2019, is granted. TDIU since April 11, 2019, is denied. FINDINGS OF FACT 1. The Veteran’s service-connected posttraumatic stress disorder (PTSD) prevented him from securing or following a substantially gainful occupation from December 8, 2008, to April 10, 2019. 2. The Veteran’s service-connected type II diabetes mellitus, tinnitus, and left ear hearing loss did not prevent him from securing or following a substantially gainful occupation since April 11, 2019. CONCLUSIONS OF LAW 1. The criteria for TDIU from December 8, 2008, to April 10, 2019, have been met. 38 U.S.C. §§ 1155, 5103, 5103A, 5107; 38 C.F.R. §§ 3.102, 3.159, 3.326(a), 4.16. 2. The criteria for TDIU since April 11, 2019, have not been met. 38 U.S.C. §§ 1155, 5103, 5103A, 5107; 38 C.F.R. §§ 3.102, 3.159, 3.326(a), 4.16. REASONS AND BASES FOR FINDINGS AND CONCLUSIONS The Veteran served in the U.S. Army from October 1967 to May 1970. On December 8, 2008, VA received the Veteran’s claim of service connection for PTSD. Service connection was granted in a September 2009 rating decision. The Veteran appealed the initial rating assigned for PTSD. As the issue of TDIU is part of the appeal of the PTSD rating, the period for this appeal begins on December 8, 2008. Entitlement to TDIU since December 8, 2008. TDIU may be assigned, where 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. If there is only one such disability, that disability must be ratable at 60 percent or more. If there are two or more disabilities, there must be at least one disability ratable at 40 percent or more, and sufficient additional disability to bring the combined rating to 70 percent or more. 38 C.F.R. § 4.16(a). Even if service-connected disabilities fail to meet the percentage standards set forth in 38 C.F.R. § 4.16(a), referral to the Director, Compensation Service for extraschedular consideration of a TDIU is warranted if the veteran nonetheless is unable to secure or follow a substantially gainful occupation as a result of service connected disabilities. 38 C.F.R. § 4.16(b). The Veteran’s PTSD is rated 70 percent from December 8, 2008, to April 10, 2019, and 100 percent since April 11, 2019. He is also rated 20 percent for type II diabetes mellitus since February 27, 2012, 10 percent for tinnitus since June 30, 2003, and noncompensable for left ear hearing loss since June 30, 2003. He meets the schedular criteria for TDIU from December 8, 2008, to April 10, 2019. Given that TDIU may only be assigned when the schedular rating is less than total, the period since April 11, 2019, must be analyzed solely based on the service connected type II diabetes mellitus, tinnitus, and left ear hearing loss. He does not meet the schedular criteria for TDIU based on those disabilities alone. Although the record indicates that the Veteran worked intermittently during the period from December 8, 2008, to April 10, 2019, he frequently changed jobs and had difficulty maintaining employment. He had conflicts with coworkers and supervisors, had been terminated from several jobs, and had quit other jobs. His PTSD symptoms, including difficulty getting along with others, difficulty complying with authority figures’ instructions, difficulty concentrating, anger and violent outbursts, irritability, tendency toward isolation, avoidance behaviors, suspiciousness, intermittent inability to perform activities of daily living, impaired judgement, depression, sleep impairment, difficulty adapting to stressful circumstances including work or worklike settings, panic attacks, mild memory loss, hallucinations, and neglect of personal appearance and hygiene, caused him to be unable to consistently maintain employment. Therefore, the Board finds that the Veteran was unable to secure or follow a substantially gainful occupation from December 8, 2008, to April 10, 2019, and TDIU is warranted for that period. (Continued on the next page)   Effective April 11, 2019, the Veteran was granted a 100 percent rating for his PTSD. As noted above, TDIU for the period since April 11, 2019, must be analyzed solely based on the service connected type II diabetes mellitus, tinnitus, and left ear hearing loss. He does not meet the schedular criteria for TDIU based on those disabilities alone. He has not asserted, nor provided any argument, that his disabilities other than PTSD prevented him from securing or following a substantially gainful occupation. There is no indication in the record that diabetes, tinnitus, and/or left ear hearing loss impacted the Veteran’s ability to work or prevented him from securing or following a substantially gainful occupation. Because there is no evidence that the Veteran’s service connected type II diabetes mellitus, tinnitus, and left ear hearing loss prevented him from securing or following a substantially gainful occupation since April 11, 2019, referral for extraschedular consideration is not warranted. The Veteran does not meet the minimum schedular criteria for TDIU and extraschedular consideration is not warranted. Therefore, TDIU since April 11, 2019, is denied. Jacqueline E. Miller Acting Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board C. Ivan Franklin 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.