Case A26039220

J. ABRAMS · 2026 · Case ID: A26039220

GRANTED

Summary

The veteran, who served from April 1968 to May 1972, appeals the denial of entitlement to Total Disability based on Individual Unemployability (TDIU) and Special Monthly Compensation (SMC) housebound status. The Board previously denied TDIU, but the Court of Appeals for Veterans Claims (CAVC) remanded the case twice for further review of the veteran's work history, skill, training, and the impact of his acquired psychiatric disability. The Board previously granted TDIU based on multiple service-connected disabilities, but the CAVC remanded again for specific consideration of TDIU based solely on the acquired psychiatric disability. The Board reviewed the veteran's work history, education, and skills, noting his long career in quality assurance and engineering. A June 2019 VA examination diagnosed unspecified trauma and stressor-related disorder with depressive features, noting significant occupational limitations. The veteran's own May 2019 statement corroborated these struggles, which the Board found credible and probative. Considering the VA examiner's findings and the veteran's credible reports, the Board found the evidence in approximate balance regarding the noneconomic component of TDIU. Applying the benefit of the doubt, the Board granted TDIU based solely on the acquired psychiatric disability from December 29, 2020, to September 29, 2023. Given the TDIU grant and the veteran's additional service-connected disabilities rated at 60 percent or more, the Board also granted SMC housebound status for the same period. The effective date for TDIU was set at December 29, 2020, as the veteran's claim for ischemic cardiomyopathy was filed on September 23, 2020, and the TDIU claim was filed within a year of that.

Rationale

Acquired psychiatric disability diagnosed; VA examiner noted occupational limitations; Veteran's statement corroborated limitations; Evidence in approximate balance; Benefit of the doubt applied

Special Benefit

SMC - HOUSEBOUND; TDIU

Docket No.

210322-147002

Full Decision Text

Citation Nr: A26039220
Decision Date: 04/28/26 Archive Date: 04/28/26

DOCKET NO. 210322-147002
DATE: April 28, 2026

ISSUES

1. Entitlement to total disability based on individual unemployability (TDIU) due solely to service-connected other specified trauma and stress related disorder with depressive features (acquired psychiatric disability) prior to September 29, 2023.

2. Entitlement to special monthly compensation (SMC) housebound under 38 U.S.C. § 1114(s) prior to September 29, 2023.

ORDER

Entitlement to TDIU due solely to service-connected acquired psychiatric disability from December 29, 2020, but no earlier, to September 29, 2023 is granted.

Entitlement to Special Monthly compensation (SMC) housebound under 38 U.S.C. § 1114(s) from December 29, 2020, but no earlier, to September 29, 2023 is granted.

FINDINGS OF FACT

1. The evidence is in approximate balance that from December 29, 2020 the Veteran was unable to obtain and maintain substantially gainful employment due solely to his service-connected acquired psychiatric disability.

2. From September 23, 2020 the Veteran had additional service-connected disabilities with a combined rating of 60 percent or more, separate and distinct from his service-connected acquired psychiatric disability.

CONCLUSIONS OF LAW

1. The criteria for entitlement to TDIU due to a single service-connected disability from December 29, 2020, but no earlier, to September 29, 2023 have been met or approximated. 38 U.S.C. §§ 1114, 1155, 5107, 5110; 38 C.F.R. §§ 3.340, 3.341, 3.350, 4.16, 4.25, 4.3.

2. The criteria for entitlement to SMC housebound under 38 U.S.C. § 1114(s) from December 29, 2020, but no earlier, to September 29, 2023 have been met. 38 U.S.C. § 1114; 38 C.F.R. § 3.350.

REASONS AND BASES FOR FINDINGS AND CONCLUSIONS

The Veteran served on active duty from April 1968 to May 1972.

This matter comes before the Board of Veterans' Appeals (Board) on appeal from a March 2021 rating decision by a Department of Veterans Affairs (VA) Regional Office (RO) which is the agency of original jurisdiction (AOJ).

As background, and discussed in further detail below, following the March 2021 rating decision in which the AOJ continued the Veteran's 60 percent disability rating for his ischemic cardiomyopathy and denied entitlement to TDIU, also in March 2021 the Veteran filed a VA Form 10182, Decision Review Request: Board Appeal, Notice of Disagreement (VA Form 10182) regarding the TDIU claim. The Board notes that the Veteran submitted three VA Form 10182s on the same day in March 2021 - on one selecting the Direct Review docket and on two selecting the Evidence Submission docket. A VA docketing letter that was sent to the Veteran in March 2021 clarified that VA accepted the Veteran's appeal in the Evidence Submission docket and the Veteran has not disputed that.

Therefore, the Board may only consider the evidence of record at the time of the March 2021 rating decision on appeal, as well as any evidence submitted by the Veteran [or representative] with, or within 90 days from receipt of, the VA Form 10182. 38 C.F.R. § 20.303. If evidence was submitted either (1) during the period after the AOJ issued the decision on appeal and prior to the date the Board received the VA Form 10182, or (2) more than 90 days following the date the Board received the VA Form 10182, the Board did not consider it in its decision. 38 C.F.R. §§ 20.300, 20.303, 20.801.

If the Veteran would like VA to consider any evidence that was submitted that the Board could not consider, the Veteran may file a Supplemental Claim (VA Form 20-0995) and submit or identify this evidence. 38 C.F.R. § 3.2501. If the evidence is new and relevant, VA will issue another decision on the claim, considering the new evidence in addition to the evidence previously considered. Id. Specific instructions
Form 10182, or (2) more than 90 days following the date the Board received the VA Form 10182, the Board did not consider it in its decision. 38 C.F.R. §§ 20.300, 20.303, 20.801.

If the Veteran would like VA to consider any evidence that was submitted that the Board could not consider, the Veteran may file a Supplemental Claim (VA Form 20-0995) and submit or identify this evidence. 38 C.F.R. § 3.2501. If the evidence is new and relevant, VA will issue another decision on the claim, considering the new evidence in addition to the evidence previously considered. Id. Specific instructions for filing a Supplemental Claim are included with this decision.

In September 2023, the Board denied entitlement to TDIU.

In July 2024, pursuant to a Joint Motion for Remand (JMR), the United States Court of Appeals for Veterans Claims (CAVC) vacated the Board's September 2023 decision and remanded the claim due to the Board's failure to provide an adequate statement of reasons or bases regarding the Veteran's work history, skill, and training, and failed to consider all the Veteran's service-connected disabilities.

In December 2024, the Board granted entitlement to TDIU for the period on appeal prior to September 29, 2023 based on several of the Veteran's service-connected disabilities, including his ischemic cardiomyopathy and acquired psychiatric disability. In a December 2024 rating decision, the AOJ implemented the Board's grant of TDIU and assigned an effective date of September 23, 2020 (also discussed in more detail below).

In November 2025, pursuant to a Joint Motion for Partial Remand (JMPR), CAVC vacated the Board's December 2024 decision in part and remanded the claim due to the Board's failure to consider entitlement to TDIU based on a single disability (namely the Veteran's acquired psychiatric disability) prior to September 29, 2023, the potential resultant entitlement to SMC prior to September 29, 2023, and referral for extraschedular TDIU consideration prior to September 23, 2020.

Per the above, the claim is once again properly back before the Board for adjudication.

TDIU

Entitlement to TDIU due solely to service-connected acquired psychiatric disability from December 29, 2020 to September 29, 2023 is granted .

The Veteran claims entitlement to TDIU due solely to his service-connected acquired psychiatric disability prior to September 29, 2023, to include prior to September 23, 2020.

Of import here as the impetus of the Veteran's claim for entitlement to TDIU based on a single disability, and further discussed in the next section, CAVC held that VA has a "well-established duty to maximize a claimant's benefits." Buie v. Shinseki, 24 Vet. App. 242, 250 (2011). Under 38 U.S.C. § 1114(s), SMC is payable at the housebound rate where the Veteran has a single service-connected disability rated as 100 percent disabling and, in addition, (1) has a service-connected disability or disabilities independently ratable at 60 percent, separate and distinct from the 100 percent service-connected disability and involving different anatomical segments or bodily systems, or (2) is permanently housebound by reason of service-connected disability or disabilities. See 38 C.F.R. § 3.350(i). In Bradley, the Court held that 38 C.F.R. § 3.350(i) permits a TDIU rating based on a single disability to satisfy the statutory requirement of the 100 percent rating. See Bradley v. Peake, 22 Vet. App. 280, 293; see also Buie at 249-250 ("A total disability rating based on individual unemployability that is based on multiple underlying disabilities cannot satisfy the section 1114(s) requirement of 'a service-connected disability' because that requirement must be met by a single disability.").

The Board notes that the Veteran was granted entitlement to TDIU as a result of several of his service-connected disabilities from September 23, 2020 and SMC under 38 U.S.C. § 1114(s) based on the 100 percent disability rating of his ischemic cardiomyopathy and other disabilities independently ratable at 60 percent, separate and distinct, from September 29, 2023.

The Veteran is currently service-connected for other specified trauma and stressor-related disorder with depressive features, 50 percent disabling from March 30, 2016 and 70 percent disabling from September 29
1114(s) requirement of 'a service-connected disability' because that requirement must be met by a single disability.").

The Veteran is currently service-connected for other specified trauma and stressor-related disorder with depressive features, 50 percent disabling from March 30, 2016 and 70 percent disabling from September 29, 2023; ischemic cardiomyopathy, 60 percent disabling from September 23, 2020 and 100 percent disabling from September 29, 2023; right elbow osteoarthritis extension and supination/pronation, each 10 percent disabling from March 30, 2016; bilateral tinnitus, 10 percent disabling from March 30, 2016; bilateral hearing loss, 0 percent disabling from March 30, 2016; right elbow surgical scar, 0 percent disabling from March 30, 2016; chest surgical scar, 0 percent disabling from September 23, 2020; hypertension, 0 percent disabling from August 10, 2022; left lower lung small cell cancer residuals, 100 percent disabling from May 27, 2025 and 0 percent disabling from April 1, 2026; and hilar and mediastinal lymph node metastases residuals, 100 percent disabling from May 27, 2025 and 0 percent disabling from April 1, 2026.

Period on Appeal/Effective date

38 C.F.R. § 3.400 provides that the effective date of an increased rating, to include TDIU, is the date of the claim or the date entitlement arose, whichever is later, or the date an increase in disability became factually ascertainable, if within one year prior to the filing of a claim. The purpose of this provision is to provide a one-year grace period for filing a claim following any increase in severity of a service-connected disability. Gaston v. Shinseki, 605 F.3d 979, 983-84 (Fed. Cir. 2010).

To that end, in an August 2019 rating decision the AOJ granted an increased disability rating from 30 percent to 50 percent for the Veteran's service-connected acquired psychiatric disability from March 30, 2016 (initial date of claim) and denied entitlement to TDIU. The Veteran did not respond to the August 2019 Statement of the Case (SOC) and thus the August 2019 rating decision became final.

In a September 23, 2020 VA Form 526EZ the Veteran filed a claim for entitlement to service connection for ischemic heart disease from which, in a December 2020 rating decision, the AOJ granted entitlement to service connection for ischemic cardiomyopathy, 60 percent disabling from September 23, 2020 (initial date of claim). Later in December 2020 the Veteran filed a VA Form 8940 Veteran's Application for Increased Compensation Based on Unemployability (VA Form 8940). In January 2021, the Veteran filed a VA Form 526EZ regarding TDIU and a supplemental claim for TDIU with the date of decision noted as the August 2019 rating decision denying entitlement to TDIU.

In a March 2021 rating decision the AOJ continued the disability rating of 60 percent for the Veteran's ischemic cardiomyopathy and again denied entitlement to TDIU. Later in March 2021 the Veteran filed a VA Form 10182 appealing the March 2021 rating decision denying entitlement to TDIU.

As noted, following a September 2023 Board decision denying entitlement to TDIU and a July 2024 CAVC JMR, a December 2024 Board decision granted entitlement to TDIU based on several of the Veteran's service-connected disabilities prior to September 29, 2023. In a December 2024 rating decision the AOJ implemented the Board's grant of entitlement to TDIU and assigned an effective date of September 23, 2020. The AOJ determined that because the Veteran had filed a December 2020 VA Form 8940 within a year of his service connection claim for ischemic cardiomyopathy (September 23, 2020 VA Form 526EZ) the proper effective date for the TDIU grant was the date of claim for service connection for ischemic cardiomyopathy. As discussed, the November 2025 CAVC
4 Board decision granted entitlement to TDIU based on several of the Veteran's service-connected disabilities prior to September 29, 2023. In a December 2024 rating decision the AOJ implemented the Board's grant of entitlement to TDIU and assigned an effective date of September 23, 2020. The AOJ determined that because the Veteran had filed a December 2020 VA Form 8940 within a year of his service connection claim for ischemic cardiomyopathy (September 23, 2020 VA Form 526EZ) the proper effective date for the TDIU grant was the date of claim for service connection for ischemic cardiomyopathy. As discussed, the November 2025 CAVC JMPR followed.

Given that the Veteran's earliest date of claim for a continuously pursued increased disability rating/TDIU was December 29, 2020 (VA Form 8940), the remaining question, then, is whether and when the Veteran's service-connected acquired psychiatric disability solely rendered him unemployable within the meaning of 38 C.F.R. § 4.16 prior to September 29, 2023 to include from the date of claim, December 29, 2020, or if factually ascertainable, up to 1 year prior to that date.

TDIU Based on a Single Disability

All Veterans who are unable to secure and follow a substantially gainful occupation as a result of service-connected disabilities may be assigned a TDIU. 38 C.F.R. § 4.16. Total disability will be considered to exist when there is present any impairment sufficient to render it impossible for the average person to follow a substantially gainful occupation. 38 C.F.R. § 4.15.

The phrase "unable to secure and follow a substantially gainful occupation" contains both economic and noneconomic components. Ray v. Wilkie, 31 Vet. App. 58, 63 (2019). The economic component of substantially gainful employment is considered to exist when a Veteran's earned annual income exceeds the amount established by the U.S. Department of Commerce, Bureau of the Census, as the poverty threshold for one person outside of a protected environment. 38 C.F.R. § 4.16(a). Ray, 31 Vet. App. at 72.

In this case, as to the economic component of Ray, the Board notes that in the March 2021 rating decision the AOJ favorably found that the Veteran has not worked since 2013. The Board is bound by this prior favorable finding, which was not clearly and unmistakably erroneous. 38 C.F.R. § 3.104(c). Thus, the economic component of TDIU articulated in Ray is satisfied.

The noneconomic component requires a determination as to the ability to secure and follow substantially gainful employment, which requires consideration of history, education, skills, and training; physical ability (both exertional and non-exertional) to perform the types of activities required by the occupation at issue (for example, lifting, bending, sitting, standing, walking, climbing, auditory and visual limitations); and mental ability to perform the activities required by the occupation (for example, memory, concentration, ability to adapt to change, handle workplace stress, relate with coworkers, demonstrate reliability and productivity). Id. at 66.

In this case, as to the noneconomic component of Ray, with specific focus on the Veteran's acquired psychiatric disability's singular impact on his ability to secure and follow substantially gainful employment, the Board notes that the Veteran earned a college degree in 1982 and a master's certificate in project management in 1999. He had a long career at several different well-known companies including Motorola and Westinghouse Nuclear, working in quality assurance, control, and engineering, and was last fully employed working in quality control for Westinghouse Nuclear.

In a June 2019 VA examination, after diagnosing the Veteran with unspecified trauma and stressor-related disorder and unspecified anxiety disorder, with symptoms including depression, anxiety, chronic sleep impairment, disturbances of motivation and mood, difficulty in establishing and maintaining effective work and social relationships, and difficulty in adapting to stressful circumstances, including work or a work like setting, the examiner opined that the Veteran's mental health symptoms would limit his ability to carry out detailed instructions, sustain concentration, perform activities within a schedule, work in coordination with others, sustain an ordinary routine without special supervision, and complete a normal workday at a consistent pace. The Board affords this examination strong probative value as the examiner appeared to perform a thorough examination after a full review of the record, with a seemingly in-depth discussion with the Veteran, and robust articulation of the Veteran's occupational limitations as a result of his acquired psychiatric disability.

In a submitted May 2019 statement, the Veteran reported that throughout his
and maintaining effective work and social relationships, and difficulty in adapting to stressful circumstances, including work or a work like setting, the examiner opined that the Veteran's mental health symptoms would limit his ability to carry out detailed instructions, sustain concentration, perform activities within a schedule, work in coordination with others, sustain an ordinary routine without special supervision, and complete a normal workday at a consistent pace. The Board affords this examination strong probative value as the examiner appeared to perform a thorough examination after a full review of the record, with a seemingly in-depth discussion with the Veteran, and robust articulation of the Veteran's occupational limitations as a result of his acquired psychiatric disability.

In a submitted May 2019 statement, the Veteran reported that throughout his career he frequently changed jobs and was terminated from his last 3 jobs due to his inability to perform all the requirements and meet all the expected productivity deadlines. He noted his mood swings when dealing with stressful work situations, yelling at individuals, and experiencing high anxiety and depression attacks. The Board finds the Veteran's statement of strong probative value as he is competent to report on his work experiences, and credible, particularly given the consistency with which he has reported those experiences over the last several years.

Given the limitations due to his acquired psychiatric disability as articulated by the VA examiner, and the commensurate struggles in a working environment as reported by the Veteran due to the same, considering the nature of the Veteran's work over several decades as a quality control engineer, including most recently at Westinghouse Nuclear, and the presumably heightened need to carry out detailed instructions, sustain concentration, and perform activities within a schedule in such an environment, the Board is hard-pressed to come to any other conclusion than that the Veteran's acquired psychiatric disability, in and of itself, greatly impacts his ability to secure and follow substantially gainful employment, considering his history, education, skills, and training, as noted. As such, the Board finds that the noneconomic component of TDIU as articulated in Ray is satisfied.

In sum, the Board finds that the probative evidence is in approximate balance that the Veteran's service-connected acquired psychiatric disability, in and of itself, precludes the Veteran, in both the economic and non-economic components of TDIU as articulated in Ray, from securing and following a substantially gainful occupation, consistent with his education, training, and vocational history.

As to the appropriate effective date of a grant of TDIU due solely to service-connected acquired psychiatric disability, as noted, a date can be assigned from within the one year period prior to the December 29, 2020 date of claim if such unemployability was factually ascertainable in that time frame. The Board notes, however, that due to a lack of evidence during that time period, entitlement to TDIU was not factually ascertainable for the one year prior to the December 29, 2020 date of claim.

Therefore, affording the Veteran the benefit of the doubt, entitlement to TDIU solely due to his service-connected acquired psychiatric disability is granted from December 29, 2020, but no earlier, to September 29, 2023. Lynch v. McDonough, 999 F.3d 1391, 1395 (Fed. Cir. 2021).

SMC

Entitlement to SMC housebound under 38 U.S.C. § 1114(s) from December 29, 2020 to September 29, 2023 is granted.

The Veteran claims entitlement to SMC housebound under 38 U.S.C. § 1114(s) prior to September 29, 2023. He contends that he satisfied the statutory requirements via a TDIU rating based solely on his acquired psychiatric disability, and other service-connected disabilities with a combined rating of at least 60 percent prior to September 29, 2023.

The Board incorporates by reference the legal criteria regarding entitlement to TDIU and SMC housebound under 38 U.S.C. § 1114(s) generally summarized in the preceding section.

As the Board has presently found that the Veteran is entitled to TDIU solely due to his service-connected acquired psychiatric disability from December 29, 2020 to September 29, 2023, and he has additional service-connected disabilities with a combined rating of at least 60 percent disabling, separate and distinct from his acquired psychiatric disability during that period, the criteria for entitlement to SMC housebound under 38 U.S.C. § 1114(s) from December 29, 2020, but no earlier, to September 29, 2023 have been met, and the Veteran's claim is granted.

J. Abrams

Acting Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board Matthew Leahy, Associate Counsel

The Board's decision
DIU solely due to his service-connected acquired psychiatric disability from December 29, 2020 to September 29, 2023, and he has additional service-connected disabilities with a combined rating of at least 60 percent disabling, separate and distinct from his acquired psychiatric disability during that period, the criteria for entitlement to SMC housebound under 38 U.S.C. § 1114(s) from December 29, 2020, but no earlier, to September 29, 2023 have been met, and the Veteran's claim is granted.

J. Abrams

Acting Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board Matthew Leahy, 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.

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