Citation Nr: 21026061 Decision Date: 04/29/21 Archive Date: 04/29/21 DOCKET NO. 16-31 419 DATE: April 29, 2021 ORDER Entitlement to a total disability rating based on individual unemployability is granted. FINDING OF FACT The Veteran is unable to secure and follow a substantially gainful occupation due solely to service-connected disability. CONCLUSION OF LAW The criteria for TDIU are met. 38 U.S.C. § 1155; 38 C.F.R. § 4.16.   REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from February 1968 to June 1970. This case was previously before the Board in March 2019, at which time it was remanded for further development. The directives having been substantially complied with, the matter again is before the Board. D’Aries v. Peake, 22 Vet. App. 97, 105 (2008); Stegall v. West, 11 Vet. App. 268, 271 (1998). 1. Entitlement to a total disability rating based on individual unemployability 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. TDIU may be assigned where the schedular rating is less than total and it is found that the disabled person is unable to secure or follow a substantially gainful occupation as a result of either (1) a single service-connected disability ratable at 60 percent or more, or (2) two or more disabilities, provided at least one disability is ratable at 40 percent or more, and there is a sufficient additional service-connected disabilities to bring the combined rating to 70 percent or more. 38 C.F.R. §§ 3.340, 3.341, 4.16 (a). For the purposes of determining rating level, disabilities resulting from a common etiology or affecting a single body system are considered a single disability. 38 C.F.R. § 4.16 (a). Here, the Veteran is service-connected for diabetic nephropathy at 30 percent, type II diabetes mellitus at 20 percent, peripheral neuropathy of the bilateral lower extremities at 10 percent each, peripheral neuropathy of the bilateral upper extremities at 10 percent each, and coronary artery disease at 10 percent. The Veteran’s diabetic nephropathy, type II diabetes, and peripheral neuropathy of the bilateral upper and lower extremities are considered a single disability for these purposes. Therefore, the Veteran meets the schedular requirements for TDIU. In May 2014, the Veteran submitted an application for TDIU. He reported that his diabetes, diabetic neuropathy, and ischemic heart disease prevented him from working. He indicated that he had completed two years of college and had last worked as a meteorological tech for the National Weather Service. The Veteran has reported that he is unable to work due to his service-connected disabilities. Specifically, he has stated that the tingling and numbness in his extremities has caused him to drop things at work and that frequent urination requires him to take excess breaks and be late for assignments. The Veteran received VA examinations for his service-connected disabilities in January 2015. The examiner indicated that the Veteran’s diabetic nephropathy did not have any functional impact, but his ischemic heart disease and diabetes mildly impacted his ability due to work because they caused fatigue. His peripheral neuropathies were indicated to affect his work and limit him to sedentary employment. A November 2019 examination indicates that there were no functional impacts from the Veteran’s diabetes and that his peripheral neuropathy limited weight bearing activities to 30 minutes increments. The examiner submitted an addendum opinion in May 2020 which clarified that the Veteran’s diabetic neuropathy of the lower extremities makes it a safety hazard for him to have a job that requires standing and walking, and his upper extremity neuropathy limits work activities that require fine motor or repetitive activities, including typing.   The Board finds that the evidence weighs in favor of a finding that the Veteran is unable to secure or follow substantially gainful employment due to his service-connected disabilities alone. As the addendum opinion makes clear, the Veteran cannot perform work duties that require lifting or standing and walking for any length of time. Nor can he perform duties that require fine motor skills or repetition, including typing. The vast majority of jobs require some combination of these skills. TDIU is therefore granted. H. N. SCHWARTZ Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board A. Creegan 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.