Citation Nr: 21022920 Decision Date: 04/19/21 Archive Date: 04/19/21 DOCKET NO. 17-05 721A DATE: April 19, 2021 ORDER Entitlement to a total disability rating based on individual unemployability due to service-connected disabilities (TDIU) is granted. FINDING OF FACT The Veteran is service connected for one disability, posttraumatic stress disorder (PTSD), rated at 70 percent, and it has prevented him from obtaining and maintaining substantially gainful employment. CONCLUSION OF LAW The criteria for entitlement to a TDIU have been met. 38 U.S.C. § 1155; 38 C.F.R. §§ 3.340, 3.341, 4.16. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran had active military service from January 1967 to November 1968. This matter comes to the Board of Veterans’ Appeals (Board) on appeal from a September 2014 rating decision issued by the Department of Veterans Affairs (VA). In January 2021, the Veteran testified via videoconference before the undersigned Veteran’s Law Judge. A hearing transcript is associated with the record. This matter has been advanced on the docket pursuant to 38 C.F.R. § 20.900 (c). Entitlement to a total disability rating based on individual unemployability due to service-connected disabilities (TDIU) is granted. The Veteran has reported that his service-connected PTSD has prevented him from securing or following any substantial gainful occupation. It is the established policy of VA that all veterans who are unable to secure and follow a substantially gainful occupation by reason of service-connected disabilities shall be rated totally disabled. 38 C.F.R. § 4.16. A finding of total disability is appropriate “when there is present any impairment of mind or body which is sufficient to render it impossible for the average person to follow a substantially gainful occupation.” 38 C.F.R. §§ 3.340 (a)(1), 4.15. A total disability rating for compensation may be assigned, where the schedular rating is less than total, when the disabled person is, in the judgment of the rating agency, 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, this disability shall be ratable at 60 percent or more. If there are two or more disabilities, there shall be at least one disability ratable at 40 percent or more, and the combined rating must be 70 percent or more. 38 C.F.R. § 4.16 (a). The Veteran’s combined rating has been at least 70 percent with his service-connected PTSD rated at 70 percent. Therefore, the Board finds that the Veteran has met the schedular criteria for assignment of a TDIU. In addition, the evidence of record reflects that the Veteran has been unable to secure and follow any substantially gainful employment due to his service-connected PTSD. The Veteran last worked part-time as an electrical installation and equipment operator from 2004 to 2006. Previous to that, from 1971 to 2003, the Veteran worked full-time performing excavations and troubleshooting electrical failures. A November 2009 Mental Health Attending Report noted an overall depressed mood with low motivation. The Veteran reported difficulty sleeping, low concentration, and short attention span. He explained that he is easily distracted and typically loses track of what he is doing. A September 2010 VA PTSD examination report indicates severe sleep disturbance due to the Veteran’s report of getting no more than 4-5 hours of sleep each night due to nightmares and an inability to fall asleep. The Veteran underwent another VA PTSD examination in August 2012. The examiner summarized the Veteran’s level of occupational and social impairment as reduced reliability and productivity. His symptoms included irritability or outbursts, difficulty concentrating, chronic sleep impairment, mild memory loss, and difficulty in establishing and maintaining effective work and social relationships. An April 2014 VA examination report noted that the Veteran’s PTSD with secondary depressive disorder causes severe impairment in occupational and social functioning. A private examiner found the Veteran’s level of impairment due to PTSD to be occupational and social impairment with deficiencies in most areas, including work. He opined that based on a review of treatment records provided, and a psychiatric evaluation, the Veteran’s prognosis for significant improvement is poor, and his PSTD condition solely precludes him from securing and following any substantially gainful occupation. No further rationale was provided. Most recently, in January 2017, the Veteran underwent another VA examination for PTSD. The examiner remarked that the Veteran’s PTSD is consistent with a moderate to severe level of impairment of occupational reliability and productivity, but would not preclude the Veteran from work. Expounding, the examiner noted that the Veteran would likely be most successful in an environment that required minimal interaction with others. Based on the subjective report of the Veteran, buddy statements, and the objective findings in the VA examination reports and additional medical evidence of record, the Board finds that the Veteran’s service-connected PTSD significantly impacts his ability to function in an occupational setting. The evidence of record indicates the Veteran has struggled with irritability and difficulty in adapting to stressful circumstances, including work or a worklike setting, and difficulty in establishing and maintaining effective work and social relationships. The Veteran has additionally struggled with memory and concentration issues. As such, the Board finds that the combined persistent functional effects of the Veteran’s PTSD would likely prevent him from being able to work around others, be effectively supervised, sustain the focus and attention to learn necessary skills, or to complete a full, productive work schedule in a substantially gainful occupation. Accordingly, based on the evidence of record, the Board finds the functional effects of the Veteran’s service-connected PTSD has rendered him unable to secure and follow a substantially gainful occupation throughout the appeal period. Therefore, entitlement to a TDIU is warranted. Cynthia M. Bruce Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board Russell, Tangela 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.