POSTTRAUMATIC STRESS DISORDER (PTSD)

M. SCHLICKENMAIER · 2026 · Case ID: 26004877

GRANTED

Summary

The veteran, who served from November 1963 to November 1965, including service in Vietnam, appeals the Board of Veterans' Appeals (BVA) decision regarding his major depressive disorder, stasis dermatitis, TDIU, housebound benefits, and Dependents' Educational Assistance. The veteran sought an increased rating for his major depressive disorder, arguing it warranted at least a 70 percent rating for the entire period on appeal. He also sought an increased rating for stasis dermatitis, contending an initial rating higher than 10 percent was warranted. The BVA granted an initial 70 percent rating for major depressive disorder from August 28, 2009, to May 22, 2017, but denied a higher rating thereafter. The Board granted a 60 percent rating for stasis dermatitis with autoeczematization, finding this was the highest schedular rating applicable. Crucially, the BVA granted entitlement to TDIU and special monthly compensation at the housebound rate, noting the veteran's combined 90 percent service-connected rating and the severity of his major depressive disorder. Basic eligibility for Dependents' Educational Assistance was also granted. The decision highlights the Board's analysis of the veteran's symptomatology against the rating criteria for mental disorders and skin conditions, ultimately finding the 70 percent rating for major depressive disorder appropriate for the period prior to May 22, 2017, and the 60 percent rating for stasis dermatitis to be the highest applicable.

Rationale

Symptoms met criteria for 70% rating prior to May 22, 2017; No evidence of total occupational and social impairment; Holistic analysis of symptoms considered

Special Benefit

SMC - HOUSEBOUND; TDIU

Docket No.

20-10 549

Full Decision Text

Citation Nr: 26004877
Decision Date: 04/23/26 Archive Date: 04/23/26

DOCKET NO. 20-10 549
DATE: April 23, 2026

ORDER

An initial 70 percent rating, and no higher, from August 28, 2009, to May 22, 2017, for major depressive disorder is granted.

A rating in excess of 70 percent, on and after May 22, 2017, for major depressive disorder is denied.

An initial 60 percent rating, beginning August 28, 2009, and no higher, for stasis dermatitis with autoeczematization is granted.

Entitlement to an award of a total disability rating for compensation purposes based on individual unemployability due to service-connected disabilities (TDIU), from August 28, 2009, is granted.

Entitlement to special monthly compensation at the housebound rate is granted.

Basic eligibility to Dependents' Educational Assistance under 38 U.S.C. Chapter 35. From August 28, 2009, is granted.

FINDINGS OF FACT

1. Prior to May 22, 2017, the service-connected major depressive disorder has been shown to be manifested by no more than occupational and social impairment with deficiencies in most areas due to symptoms including depressed mood; frequent sleep disturbances; amotivation and anhedonia; near-continuous panic or depression; frequent crying spells; impaired impulse control; compulsive skin-picking, outbursts of anger; an inability to establish and maintain effective relationships; self-isolation; and no suicidal or homicidal ideation.

2. On and after May 22, 2017, the service-connected major depressive disorder has been shown to be manifested by no more than occupational and social impairment with deficiencies in most areas, such as work, school, family relations, judgment, thinking and/or mood, due to symptoms including suicidal ideation; depressed mood; frequent sleep disturbances; amotivation and anhedonia; near-continuous panic or depression; frequent crying spells; impaired impulse control; compulsive skin-picking, outbursts of anger; an inability to establish and maintain effective relationships; and self-isolation.

3. The service-connected stasis dermatitis with auto autoeczematization has been shown to be manifested by no more than multiple erythematous scaly patches of the chest and upper and lower extremities involving more than 5 percent but less than 20 percent of the total and exposed body areas; no associated scarring or disfigurement; and requiring constant or near-constant topical and systemic therapy such as corticosteroids or other immunosuppressive drugs.

4. Service connection has been established for major depressive disorder rated as 70 percent disabling and stasis dermatitis with autoeczematization rated as 60 percent disabling. The Veteran has a combined 90 percent service-connected rating.

5. In his June 2018 Veterans Application for Increased Compensation Based on Unemployability, VA Form 21-8940, the Veteran reported that he last worked on a full-time basis in 2000 as a material handler.

6. The service-connected major depressive disorder is of such severity as to preclude the Veteran from securing and following substantially gainful employment.

7. Basic eligibility to Dependents' Educational Assistance under 38 U.S.C. Chapter 35 prior to June 12, 2018, is established.

CONCLUSIONS OF LAW

1. Prior to May 22, 2017, the criteria for an initial 70 percent rating, and no higher, for major depressive disorder have been met. 38 U.S.C. § 1155; 38 C.F.R. § 4.130, Diagnostic Code 9434.

2. On and after May 22, 2017, the criteria for a rating in excess of 70 percent for major depressive disorder have not been met. 38 U.S.C. § 1155; 38 C.F.R. § 4.130, Diagnostic Code 9434.

3. The criteria for an initial 60 percent rating, and no higher, for stasis dermatitis with autoeczematization have been met. 38 U.S.C. § 1155; 38 C.F.R. § 4.118, Diagnostic Code 7806.

4. The criteria for a TDIU prior to June 12, 2018, have been met. 38 U.S.C. § 1155; 38 C.F.R. §§ 3.340, 3.341, 4.16(a).

5. The criteria for special monthly compensation at the housebound rate have been met. 38 U.S.C. § 1114(s);
4.

3. The criteria for an initial 60 percent rating, and no higher, for stasis dermatitis with autoeczematization have been met. 38 U.S.C. § 1155; 38 C.F.R. § 4.118, Diagnostic Code 7806.

4. The criteria for a TDIU prior to June 12, 2018, have been met. 38 U.S.C. § 1155; 38 C.F.R. §§ 3.340, 3.341, 4.16(a).

5. The criteria for special monthly compensation at the housebound rate have been met. 38 U.S.C. § 1114(s); 38 C.F.R. § 3.350(i).

6. The criteria for basic eligibility to Dependents' Education Assistance under 38 U.S.C. Chapter 35 prior to June 12, 2018, have been met. 38 U.S.C. § 3501; 38 C.F.R. §§ 3.807, 21.3021.

REASONS AND BASES FOR FINDINGS AND CONCLUSIONS

The Veteran had active service from November 1963 to November 1965. He served in the Republic of Vietnam.

Increased Ratings

Disability ratings are determined by comparing the Veteran's symptomatology during the relevant period with the criteria set forth in the Schedule for Rating Disabilities. 38 U.S.C. § 1155; 38 C.F.R. Part 4.

Where there is a question as to which of two ratings shall be applied, the higher rating will be assigned if the disability picture more nearly approximates the criteria required for that rating. Otherwise, the lower rating will be assigned. 38 C.F.R. § 4.7.

Major Depressive Disorder

The Veteran contends that the service-connected major depressive disorder warrants at least a 70 percent rating for the entire period on appeal.

A 30 percent rating is warranted for major depressive disorder which is productive of occupational and social impairment due to an occasional decrease in work efficiency and intermittent periods of inability to perform occupational tasks (although the individual is generally functioning satisfactorily with routine behavior and normal self-care and conversation) due to symptoms such as depressed mood, anxiety, suspiciousness, panic attacks (weekly or less often), chronic sleep impairment, and mild memory loss (such as forgetting names, directions, and recent events). A 50 percent rating requires occupational and social impairment with reduced reliability and productivity due to symptoms such as flattened affect; circumstantial, circumlocutory, or stereotyped speech; panic attacks occurring more than once a week; difficulty in understanding complex commands; impairment of short and long term memory (e.g., retention of only highly learned material or forgetting to complete tasks); impaired judgment; impaired abstract thinking; disturbances of motivation and mood; and difficulty in establishing and maintaining effective work and social relationships. A 70 percent rating requires occupational and social impairment with deficiencies in most areas such as work, school, family relations, judgment, thinking, or mood due to symptoms such as suicidal ideation; obsessional rituals which interfere with routine activities; intermittently illogical, obscure, or irrelevant speech; near continuous panic or depression affecting the ability to function independently, appropriately and effectively; impaired impulse control (such as unprovoked irritability with periods of violence); spatial disorientation; neglect of personal appearance and hygiene; difficulty in adapting to stressful circumstances (including work or a work like setting); and an inability to establish and maintain effective relationships. A 100 percent rating requires total occupational and social impairment due to symptoms such as gross impairment in thought processes or communication, persistent delusions or hallucinations, grossly inappropriate behavior, a persistent danger of hurting himself or others, an intermittent inability to perform activities of daily living (including maintenance of minimal personal hygiene), disorientation to time or place, and memory loss for names of close relatives, own occupation, or own name. 38 C.F.R. § 4.130, Diagnostic Code 9434.

Under the General Formula for Mental Disorders, the Board must conduct a "holistic analysis" that considers all associated symptoms, regardless of whether they are listed as criteria. Bankhead v. Shulkin, 29 Vet. App. 10, 22 (2017); 38 C.F.R. § 4.130. The symptoms listed in the rating schedule are not intended to constitute an exhaustive list but rather serve as examples of the type and degree of the symptoms, or their effects, that would justify a particular rating. In Vazquez Claudio v. Shinseki, the United States Court of Appeals for the Federal Circuit stated that "a veteran may only qualify for a given disability rating under § 4.130 by demonstrating the particular symptoms associated with
the Board must conduct a "holistic analysis" that considers all associated symptoms, regardless of whether they are listed as criteria. Bankhead v. Shulkin, 29 Vet. App. 10, 22 (2017); 38 C.F.R. § 4.130. The symptoms listed in the rating schedule are not intended to constitute an exhaustive list but rather serve as examples of the type and degree of the symptoms, or their effects, that would justify a particular rating. In Vazquez Claudio v. Shinseki, the United States Court of Appeals for the Federal Circuit stated that "a veteran may only qualify for a given disability rating under § 4.130 by demonstrating the particular symptoms associated with that percentage, or others of similar severity, frequency, and duration." 713 F.3d 112, 116-17 (Fed. Cir. 2013). The presence of suicidal ideation alone may cause occupational and social impairment with deficiencies in most areas and must be considered with other evidence. Even suicidal ideation that manifests at the lowest degrees of frequency, intensity, and duration is a symptom that VA considers exemplative of a 70-percent rating under 38 C.F.R. § 4.130. Bankhead, 29 Vet. App. at 20.

The service-connected major depressive disorder is rated as 30-percent disabling beginning August 28, 2009, and 70-percent disabling effective May 22, 2017. The Board will address the periods prior to and after May 22, 2017, separately.

Initial Rating for Major Depressive Disorder Prior to May 22, 2017

The report of a January 2011 psychiatric examination conducted for VA states that the Veteran complained of a depressed mood, trouble sleeping, irritability, lack of motivation, feelings of detachment and estrangement from others, outbursts of anger, and self-isolation. The Veteran was observed to be adequately groomed, cooperative, and with a constricted affect. On mental status examination, the Veteran exhibited a "regular" mood, adequate judgment and insight, unremarkable thought processes, spontaneous speech, intact memory, and no suicidal or homicidal ideation.

VA clinical documentation dated in July 2012 notes that the Veteran presented with symptoms of depression, anxiety, and frequent sleeping disturbances. The Veteran reported that he "isolated at home where it is safer" and was "always expecting something bad could happen;" was having "frequent nightmares and recurrent thoughts;" and had a "poor tolerance to people, noises, and frustration, with episodes of bad humor and irritability." The Veteran was observed to have good grooming and hygiene and was oriented in all spheres. On mental status examination, the Veteran exhibited a depressed mood and congruent affect, poor judgment and insight, coherent and goal directed thought processes, "phobias and feelings of guilt," spontaneous speech, and good memory, concentration and attention.

A November 2021 psychological assessment report from Y. Ríos-Rodríguez states that "since 2000 the Veteran has been exhibiting the following symptoms: poor motivation, poor interest in activities of daily living, poor appetite, poor concentration, poor tolerance for people and sounds, frequent angry spells, and disturbed sleep patterns;" "he has been receiving treatment since 2003;" his compulsive skin-picking "is a physical manifestation of his mental health diagnosis;" and "depressed mood, anxiety, panic, or depression affecting the ability to function independently, adequately, and effectively, chronic sleep impairment, mood and motivation disturbances were seen." Dr. Ríos-Rodríguez determined that the service-connected major depressive disorder "caused occupational and social impairment with deficiencies in most areas since at least February 2002" due to such symptoms as obsessional rituals which interfere with routine activities, including the Veteran's compulsive skin picking; near-continuous panic or depression, to include frequent crying spells, detachment, and anhedonia; impaired impulse control, including crying spells, skin-picking, and outbursts of anger; difficulty adapting to stressful circumstances, as evinced by the Veteran ending his career in 2000 due to his psychiatric symptoms; and an inability to establish and maintain effective relationships, including isolation, poor tolerance of other people, and social withdrawal.

Prior to May 22, 2017, the service-connected major depressive disorder has been shown to be manifested by no more than occupational and social impairment with deficiencies in most areas due to symptoms such as a depressed mood; frequent sleep disturbances; amotivation and anhedonia; near-continuous panic or depression; frequent crying spells; impaired impulse control; compulsive skin-picking, outbursts of anger; an inability to establish and maintain effective relationships; self-isolation; and no suicidal or homicidal ideation. Such symptoms merit assignment of a 70-percent rating under the provisions of Diagnostic Code 9434. In the absence of objective or subjective evidence consistent with total occupational and social impairment such as gross impairment in thought processes or communication; persistent delusions; grossly inappropriate behavior; persistent danger of hurting self or others; intermittent ability to perform activities of daily living; disorientation to time or place; and significant memory loss, the Board concludes that an initial 70-percent rating, and no higher, prior to May 22, 2017, for major depressive disorder is warranted. 38 C.F.R. § 4.130, Diagnostic Code 9434.

Increased Rating for Major Depressive Disorder on and After May 22, 2017

The report of a May 2017 psychiatric examination conducted for VA states that the Veteran complained of depression, compulsive scratching, frequent sleep disturbance, uncontrollable crying spells, irritability, and "not [being] interested in anything in this world." The examining psychiatrist found the major depressive disorder was manifested by symptoms of depressed mood; anxiety; near-continuous panic or depression affecting the ability to function independently, appropriately, and effectively; chronic sleep impairment; and disturbances of motivation and mood. The examiner concluded that the Veteran's symptoms were productive of "occupational and social impairment due to mild or transient symptoms which decrease work efficiency and ability to perform occupational tasks only during periods of significant stress, or; symptoms controlled by medication."

The report of an August 2018 psychiatric examination conducted for VA states that the Veteran reported frequent depression and recurrent nightmares. He reported limited but positive relationships with his immediate family. The Veteran was observed to have an anxious and constricted affect with congruent mood. The examining psychiatrist assessed symptoms of depressed mood; anxiety; near-continuous panic or depression affecting the ability to function independently, appropriately, and effectively; chronic sleep impairment; and disturbances of motivation and mood. The examiner concluded that the Veteran's symptoms were productive of "occupational and social impairment due to mild or transient symptoms which decrease work efficiency and ability to perform occupational tasks only during periods of significant stress, or; symptoms controlled by medication."

As noted above, Dr. Ríos-Rodríguez's November 2021 report concludes that the service-connected major depressive disorder "caused occupational and social impairment with deficiencies in most areas since at least February 2002" due to such symptoms as obsessional rituals which interfere with routine activities; near-continuous panic or depression; frequent crying spells, anhedonia; impaired impulse control; compulsive skin-picking; outbursts of anger; difficulty adapting to stressful circumstances; and an inability to establish and maintain effective relationships.

The report of a June 2024 psychiatric examination conducted for VA states that the Veteran presented with "a history of psychiatric treatment, sleep disorders, anger, irritability, crying, [and] attention and concentration problems." The Veteran was observed with an adequate appearance, hyperactive movements, difficulty in attention and concentration, the ability to understand basic but not complex instructions, and alert and oriented to all spheres. On mental status examination, the Veteran was noted to have a depressed mood, crying affect, anxiety; panic attacks that occur weekly or less often; chronic sleep impairment; disturbances of motivation and mood; difficulty in establishing and maintaining effective work and social relationships; difficulty adapting to stressful circumstances, including work or a work like setting, and suicidal ideation. The examiner concluded that the Veteran's major depressive disorder was productive of "occupational and social impairment with deficiencies in most areas, such as work, school, family relations, judgment, thinking and/or mood."

On and after May 22, 2017, the service-connected major depressive disorder has been shown to be manifested by no more than occupational and social impairment with deficiencies in most areas, such as work, school, family relations, judgment, thinking and/or mood, due to symptoms including suicidal ideation; depressed mood; frequent sleep disturbances; amotivation and anhedonia; near-continuous panic or depression; frequent crying spells; impaired impulse control; compulsive skin-picking, outbursts of anger; an inability to establish and maintain effective relationships; and self-isolation. Such symptoms merit assignment of a 70 percent rating under the provisions of Diagnostic Code 9434. In the absence of objective or subjective evidence consistent with total occupational and social impairment such as gross impairment in thought processes or communication; persistent delusions; grossly inappropriate behavior; persistent danger of hurting self or others; intermittent ability to perform activities of daily living; disorientation to time or place; and significant memory loss, the Board concludes that a rating in excess of 70 percent, on and after May 22, 2017, for major depressive disorder is not warranted. 38 C.F.R. § 4.130, Diagnostic Code 9434.

Stasis Dermatitis with Autoeczematization

The Veteran contends that an initial rating in excess of 10 percent is warranted for the service-connected stasis dermatitis with autoeczematization.

Prior to August 13, 2018, a noncompensable rating was warranted for stasis dermatitis with auto autoeczematization where there was less than 5 percent of the entire body affected; less than 5 percent of exposed areas affected; and no more than topical therapy required during the past 12-month period. A 10 percent rating required involvement of at least 5 percent, but less than 20 percent, of the entire body; at least 5 percent, but less than 20 percent, of exposed areas affected; or intermittent systemic therapy such as corticosteroids or other immunosuppressive drugs required for a total duration of less than six weeks during the past 12-month period. A 30 percent rating required involvement of 20 to 40 percent of the entire body; 20 to 40 percent of exposed areas; or systemic therapy, such as corticosteroids or other immunosuppressive drugs, for a total duration of six weeks or more, but not constantly, during the past 12-month period. A 60 percent rating required involvement of more than 40 percent of the entire body; involvement of more than 40 percent of exposed areas; or constant or near constant systemic therapy, such as corticosteroids or other immunosuppressive drugs, during the past 12-month period. 38 C.F.R. § 4.118, Diagnostic Code 7806 (2018).

Under the pre-August 2018 version of 38 C.F.R. § 4.118, systemic therapy was determined to denote treatment affecting the whole body and topical therapy to mean treatment pertaining to a particular surface area that affects only the area to which it is applied. Johnson v. Shulkin, 862 F.3d 1351 (Fed. Cir. 2017); Burton v. Wilkie, 30 Vet. App. 286 (2018).

On August 13, 2018, the Secretary of VA amended the provisions of 38 C.F.R. § 4.118 including the diagnostic criteria pertaining to stasis dermatitis. On and after August 13, 2018, stasis dermatitis with auto autoeczematization is to be rated under the General Rating Formula for the Skin.

Under the amended regulations, a noncompensable rating is warranted where there are characteristic lesions involving less than 5 percent of the entire body affected; characteristic lesions involving less than 5 percent of exposed areas affected; and no more than topical therapy is required over the past 12-month period. A 10 percent rating requires characteristic lesions involving at least 5 percent but less than 20 percent of the entire body affected; characteristic lesions involving at least 5 percent but less than 20 percent of the exposed areas affected; or intermittent systemic therapy including, but not limited to, corticosteroids, phototherapy, retinoids, biologics, photochemotherapy, psoralen with long-wave ultraviolet-A light (PUVA), or other immunosuppressive drugs required for a total duration of less than 6 weeks over the past 12-month. A 30 percent rating requires
less than 5 percent of exposed areas affected; and no more than topical therapy is required over the past 12-month period. A 10 percent rating requires characteristic lesions involving at least 5 percent but less than 20 percent of the entire body affected; characteristic lesions involving at least 5 percent but less than 20 percent of the exposed areas affected; or intermittent systemic therapy including, but not limited to, corticosteroids, phototherapy, retinoids, biologics, photochemotherapy, psoralen with long-wave ultraviolet-A light (PUVA), or other immunosuppressive drugs required for a total duration of less than 6 weeks over the past 12-month. A 30 percent rating requires characteristic lesions involving 20 to 40 percent of the entire body; characteristic lesions involving 20 to 40 percent of exposed areas affected; or systemic therapy including, but not limited to, corticosteroids, phototherapy retinoids, biologics, photochemotherapy, PUVA or other immunosuppressive drugs required for a total duration of 6 weeks or more, but not constantly, over the past 12-month period. A 60 percent rating requires characteristic lesions involving more than 40 percent of the entire body or more; characteristic lesions involving more than 40 percent of exposed areas affected; or constant or near constant systemic therapy including, but not limited to, corticosteroids, phototherapy, retinoids, biologics, photochemotherapy, PUVA, or other immunosuppressive drugs required over the past 12-month period. Systemic therapy is treatment that is administered through any route (orally, injection, suppository, intranasally) other that the skin and topical therapy is treatment that is administered through the skin. 38 C.F.R. § 4.118, Diagnostic Code 7806.

The amended 38 C.F.R. § 4.118 applies to all applications for benefits received by VA or that are pending before the Agency of Original Jurisdiction on or after August 13, 2018. Claims pending prior to the effective date will be considered under both old and new rating criteria, and whatever criteria is more favorable to the veteran will be applied. The Board may not apply a current regulation prior to its effective date unless the regulation explicitly provides otherwise. Kuzma v. Principi, 341 F.3d 1327 (Fed. Cir. 2003). However, the Board is not precluded from applying prior versions of the applicable regulation to the period on or after the effective dates of the new regulation if the prior version was in effect during the pendency of the appeal.

The Board finds that neither version of Diagnostic Code 7806 is more favorable to the Veteran.

The report of a November 2009 VA skin examination states that the Veteran exhibited erythematous patches on the lower legs and forearms, with no scarring or disfigurement. The examiner observed that the stasis dermatitis with auto autoeczematization involved "15% of entire skin [and] no exposed skin is affected." The examiner noted that the Veteran had been treated with "zinc oxide/betamethasone valerate cream 2 times a day, Clobex spray 0.05% 2 times a day for 3 weeks, [and] Zyrtec 10mg orally daily."

The report of a May 2017 skin examination conducted for VA states that the Veteran exhibited multiple erythematous scaly patches with associated excoriations, scattered on both feet and hands[,] few scattered similar lesions on upper legs, few on forearms, and few on chest," but no scarring or disfigurement. The examiner observed that the stasis dermatitis with auto autoeczematization involved more than 5 percent but less than 20 percent of the total and exposed body areas. The examiner noted that the Veteran had been treated with oral diphenhydramine and cetirizine on a constant or near-constant basis, as well as topical betamethasone dipropionate, betamethasone valerate, and clobetasol on a constant or near-constant basis.

VA clinical documentation of record reflects that since at least 2007 the Veteran has consistently been prescribed numerous topical creams and oral antihistamines and antibiotics to treat his stasis dermatitis. Most importantly, the Veteran was prescribed oral diphenhydramine for daily use throughout the entire period on appeal.

Stasis dermatitis with auto autoeczematization has been shown to be manifested by no more than multiple erythematous scaly patches of the chest and upper and lower extremities involving more than 5 percent but less than 20 percent of the total and exposed body areas; no associated scarring or disfigurement; and requiring constant or near-constant topical and systemic therapy. Although antihistamines are not included on the list of examples of systemic therapy contained in the diagnostic code, the code makes clear that the list is not exhaustive. The Court held that a systematic therapy is one that that affects the entire body in its treatment of the condition at issue. See Burton v. Wilkie, 30 Vet. App. 286 (2018). Oral antihistamines affect the entire body in their treatment of the condition at issue, not just the skin. Further, the Board notes that like corticosteroids or other immunosuppressive drug, antihistamines act on a body's immune system by suppressing histamines, a chemical created by the body's immune system in response to allergens.

Such findings merit assignment of a 60 percent rating under Diagnostic Code 7806. As the Veteran is in receipt of the highest schedular rating under Diagnostic Code 7806, there is no basis to award a higher rating. The Board has considered whether any other Diagnostic Codes related to disabilities of the skin would provide for a higher disability evaluation; however, the evidence does not reflect that the stasis dermatitis with auto autoeczematization would warrant a higher rating under a different diagnostic code. See 38 C.F.R. § 4.118. Therefore, the Board concludes that an initial 60 percent rating for stasis dermatitis with autoeczematization is warranted.

TDIU

The Veteran contends that entitlement to a TDIU prior to June 12, 2018, is warranted as the service-connected disabilities render him unable to secure and maintain any form of substantially gainful employment.

A request for a TDIU (whether expressly raised or implied by the record) is not a separate claim for benefits, but rather an attempt to obtain an appropriate rating, either as part of the initial adjudication of a claim or as part of a claim for an increased rating. Where, as here, the issue of entitlement to a TDIU is raised in connection with a claim for an increased rating, it is part of the claim for benefits for the underlying disability. Rice v. Shinseki, 22 Vet. App. 447 (2009).

Total ratings for compensation purposes may be assigned where the combined schedular rating for the service-connected disabilities is less than 100 percent, when it is found that the service-connected disabilities are sufficient to make the veteran unemployable without regard to either advancing age or the presence of any nonservice-connected disabilities. 38 U.S.C. § 1155; 38 C.F.R. §§ 3.340, 3.341.

Total disability ratings for compensation purposes are 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 due to service-connected disability. If there are two or more disabilities, there shall be at least one disability rated 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).

Service connection has been established for major depressive disorder rated as 70 percent disabling and stasis dermatitis with autoeczematization rated as 60 percent disabling. The Veteran has a combined 90 percent service-connected rating. Therefore, the Veteran meets the schedular criteria for consideration for TDIU. 38 C.F.R. § 4.16(a).

The Board notes that the Veteran was assigned a TDIU effective June 12, 2018.

In his June 2018 Veterans Application for Increased Compensation Based on Unemployability, VA Form 21-8940, the Veteran reported that he last worked on a full-time basis in 2000 as a material handler.

The report of an August 2018 psychiatric examination conducted for VA states that the service-connected major depressive disorder would likely "interfere with the completion of a normal day tasks as
The Veteran has a combined 90 percent service-connected rating. Therefore, the Veteran meets the schedular criteria for consideration for TDIU. 38 C.F.R. § 4.16(a).

The Board notes that the Veteran was assigned a TDIU effective June 12, 2018.

The report of an August 2018 psychiatric examination conducted for VA states that the service-connected major depressive disorder would likely "interfere with the completion of a normal day tasks as well as interact appropriately with peers/clients at a gainful employment."

The report of a November 2021 vocational assessment notes that the Veteran "has no educational development or transferable skills to alternative employment; he may have some ability to perform in an unskilled capacity for brief periods of time but due to his overwhelming amount of barriers to competitive employment, he would not be capable of sustained substantially gainful employment."

Dr. Ríos-Rodríguez's November 2021 psychiatric report concluded that the Veteran's service-connected depressive disorder "made him unemployable."

The Veteran meets the schedular criteria for assignment of a TDIU. He has reported that he has not worked since 2000 due to the service-connected major depressive disorder. A VA examiner, Dr. Ríos-Rodríguez, and a vocational expert have all concluded that the service-connected major depressive disorder made the Veteran unsuitable for gainful employment. The Board finds that the service-connected major depressive disorder alone renders the Veteran unable to secure or follow a substantially gainful occupation. Therefore, the claim for a TDIU prior to June 12, 2018, is granted. 38 C.F.R. § 4.16(a).

Special Monthly Compensation at the Housebound Rate

Special monthly compensation is payable at the housebound rate where a veteran has a single service-connected disability rated as total and (1) has additional service-connected disability or disabilities independently ratable at 60 percent or more, or (2) by reason of service-connected disability or disabilities, is permanently housebound. 38 U.S.C. § 1114(s); 38 C.F.R. § 3.350(i). The requirement of a single "service-connected disability rated as total" is met where entitlement to a TDIU is based upon a single disability. Bradley v. Peake, 22 Vet. App. 280, 293 (2008).

Service connection has been established for major depressive disorder rated as 70 percent disabling and stasis dermatitis with autoeczematization rated as 60 percent disabling. The Board has granted a TDIU based solely on the service-connected major depressive disorder. Therefore, the Board concludes that entitlement to special monthly compensation at the housebound rate is established. 38 U.S.C. § 1114(s); 38 C.F.R. § 3.350(i).

Basic Eligibility to Dependents' Educational Assistance Benefits

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Basic eligibility for Dependents' Educational Assistance benefits exists where a veteran was discharged from service under conditions other than dishonorable and has a permanent and total service-connected disability. 38 U.S.C. § 3501; 38 C.F.R. §§ 3.807, 21.3021. The Board has granted a TDIU prior to June 12, 2018, and therefore basic eligibility for Dependents' Educational Assistance Benefits is established prior to June 12, 2018.

M. Schlickenmaier

Acting Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board C.C.

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.

.R. § 20.1303.

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