Citation Nr: 21015521
Decision Date: 03/17/21	Archive Date: 03/17/21

DOCKET NO. 14-36 509
DATE: March 17, 2021

ORDER

A total rating for compensation purposes based on individual unemployability due to service-connected disabilities (TDIU) since April 28, 2011, is granted.

FINDING OF FACT

The Veteran’s service-connected disabilities have prevented her from securing or following a substantially gainful occupation since April 28, 2011.

CONCLUSION OF LAW

The criteria for TDIU since April 28, 2011, have 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 FINDING AND CONCLUSION

The Veteran served in the U.S. Air Force from December 1972 to December 1976. 

Entitlement to TDIU since April 28, 2011.

On April 28, 2011, VA received the Veteran’s claim for TDIU. A prior denial of TDIU, in a June 2007 rating decision, was not appealed and became final. Therefore, the period on appeal begins on April 28, 2011.

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).

During the entire period on appeal, the Veteran’s pain disorder was rated at 50 percent and she had an overall rating of 90 percent. Therefore, she meets the schedular criteria for TDIU during the entire period on appeal.

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The record indicates that the Veteran has not worked during the entire period on appeal. She had difficulty sitting, standing, and walking. Her physical disabilities also caused mental impairment. A December 2014 letter from the Veteran’s private orthopedist stated that her physical disabilities impacted her ability to complete activities of daily living. 

The Board finds that, given the combined effect of the Veteran’s service-connected psychiatric and physical disabilities, she has been unable to secure or follow a substantially gainful occupation since April 28, 2011. TDIU is granted.

 

 

Jacqueline E. Miller

Acting Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	D. Andrew Ledman II

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.