Citation Nr: 21032048 Decision Date: 05/25/21 Archive Date: 05/25/21 DOCKET NO. 09-18 620A DATE: May 25, 2021 ORDER Entitlement to a total disability rating based on individual unemployability (TDIU) is granted. FINDING OF FACT The Veteran is unable to secure or follow a substantially gainful occupation as a result of his service-connected disabilities. CONCLUSION OF LAW Entitlement to a TDIU is warranted. 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 July 1998 to July 2002. The Veteran appeared at a Board hearing in January 2013; a transcript is of record. During the Board hearing, the undersigned Veterans Law Judge clarified the issues on appeal, identified potential evidentiary defects, and clarified the type of evidence that would support the Veteran's claim. The actions of the Veterans Law Judge supplement the Veterans Claims Assistance Act (VCAA) and comply with any related duties owed during a hearing. See 38 C.F.R. § 3.103. 1. Entitlement to a total disability rating based on individual unemployability (TDIU) Total disability ratings for compensation based upon individual unemployability may be assigned where the schedular rating is less than total, when it is found that the disabled person is unable to secure or follow a substantially gainful occupation as a result of a single service-connected disability ratable at 60 percent or more or, as a result of two or more disabilities, provided at least one disability is ratable at 40 percent or more and there is sufficient additional service-connected disability to bring the combined rating to 70 percent or more. 38 C.F.R. §§ 3.340, 3.341, 4.16(a). In evaluating entitlement to a TDIU, the central inquiry is "whether a veteran's service-connected disabilities alone are of sufficient severity to produce unemployability." See Hatlestad v. Brown, 5 Vet. App. 524, 529 (1993). 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 as totally disabled. The Veteran is service-connected for anxiety disorder, mood disorder, bulimia nervosa, evaluated at 70 percent disabling; left patellofemoral pain syndrome, evaluated at 10 percent disabling; cervical strain, evaluated at 20 percent disabling from July 22, 2002 and at 10 percent from March 1, 2015 onward; degenerative disc disease, lumbar spine, evaluated at 40 percent disabling from July 22, 2002 and at 10 percent from March 1, 2015 onward; and right patellofemoral pain syndrome, evaluated at 10 percent disabling. The Veteran is also service-connected for tinea pedis and tinea crucis, lipoma excision scars, right forearm and left axilla, and erectile disfunction, all of which are evaluated as noncompensible. He meets the schedular criteria for TDIU. In his December 2007 VA Form 21-8940 Application for a TDIU, he reported that he last worked full-time in May 2007 due to his service-connected disorders. In a January 2017 VA examination, the examiner noted that the Veteran's patellofemoral pain syndrome, particularly in his right knee limit the Veteran's ability to perform occupational tasks. The examiner stated that "The Veteran has limitations with climbing, kneeling and squatting; limited walking. The Veteran can perform ADL's and IADL's with the above limitations." June 2018 VA examiners noted that the Veteran's respective ear conditions and skin diseases do not affect his ability to work. An April 2021 lay statement from the Veteran's spouse describes the current difficulties the Veteran faces. The Veteran's spouse, who states that she is a de facto caretaker for the Veteran, notes that she has to help him use the bathroom. She states that he has difficulty coping with military service. She notes that he has "irritability and mood swings like I've never seen." She also states that the Veteran still struggles with back and knee pain. She believes that the Veteran is unemployable. A decision to grant TDIU is based upon the decision of the adjudicator. Here, the Board has reviewed the record specific to the Veteran's service-connected disabilities. This includes lay statements, VA examinations, private medical records, and other medical evidence within the Veteran's file that was not mentioned in this decision. The Veteran has a significant psychiatric disorder and physical impairments. The disorders interfere with the ability to perform labor and interact with others in an occupational setting. Based upon the evidence in the file, the Veteran is unable to obtain and retain substantially gainful employment. 38 U.S.C. § 1155; 38 C.F.R. § 4.16. H. N. SCHWARTZ Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Jonah Nelson, Associate 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.