PSYCHOTIC DISORDER, UNSPECIFIED

S. B. MAYS · 2026 · Case ID: A26039965

GRANTED

Summary

The veteran, who served from January 1982 to April 1988, appeals the denial of higher ratings for her psychiatric disability and entitlement to Total Disability based on Individual Unemployability (TDIU). The Board reviewed the Veteran's psychiatric condition, schizoaffective disorder, bipolar type, which was initially granted service connection at 30 percent in October 2020. The Veteran's claim has been in continuous pursuit since November 15, 2016. The Board found that from November 15, 2016, to August 10, 2021, the Veteran's symptoms, including severe mood instability, anxiety, relational dysfunction, and inability to sustain occupational functioning, more closely approximated a 70 percent rating, granting this rating with reasonable doubt resolved in her favor. The Board noted her history of unemployment since 2000 and inability to work stably due to mental health symptoms, finding this probative of her functional limitations. Beginning August 11, 2021, the Board found the Veteran's disability progressed to total occupational and social impairment, granting a 100 percent rating. This progression was supported by persistent auditory hallucinations, severe manic and depressive cycling, neglect of hygiene, and intermittent inability to perform daily activities. The Board also granted TDIU from November 15, 2016, to August 10, 2021, finding her unable to secure or follow substantially gainful employment due to her service-connected psychiatric disability. The TDIU claim from August 11, 2021, was dismissed as moot due to the 100 percent schedular rating.

Rationale

Severe functional impairment in work, family, and social relations; Prior suicide attempt and ongoing anxiety/panic symptoms; Deficiencies in most areas of occupational and social functioning

Special Benefit

TDIU

Docket No.

250425-540971

Full Decision Text

Citation Nr: A26039965
Decision Date: 04/29/26 Archive Date: 04/29/26

DOCKET NO. 250425-540971
DATE: April 29, 2026

ORDER

Entitlement to an initial 70 percent rating, but not higher, for schizoaffective disorder, bipolar type, from November 15, 2016, to August 10, 2021, is granted.

Entitlement to a 100 percent rating for schizoaffective disorder, bipolar type, beginning August 11, 2021, is granted.

Entitlement to a total disability rating based on individual unemployability (TDIU) from November 15, 2016, to August 10, 2021, is granted.

Entitlement to a TDIU beginning August 11, 2021, is dismissed as moot.

FINDINGS OF FACT

1. From November 15, 2016, to August 10, 2021, the Veteran's schizoaffective disorder, bipolar type, more nearly resulted in occupational and social impairment with deficiencies in most areas, but not total occupational and social impairment.

2. Beginning August 11, 2021, the Veteran's schizoaffective disorder, bipolar type, more nearly resulted in total occupational and social impairment.

3. From November 15, 2016, to August 10, 2021, the Veteran's service-connected psychiatric disability, her only service-connected disability, precluded her from securing or following substantially gainful employment.

4. Beginning August 11, 2021, the Veteran is in receipt of a 100 percent schedular rating for her only service-connected disability, and there remains no question of law or fact regarding entitlement to a TDIU.

CONCLUSIONS OF LAW

1. The criteria for an initial 70 percent rating, but no higher, for schizoaffective disorder, bipolar type, from November 15, 2016, to August 10, 2021, are met. 38 U.S.C. §§ 1155, 5107, 5110; 38 C.F.R. §§ 3.2500, 3.400, 4.3, 4.7, 4.130, Diagnostic Code (DC) 9499-9432.

2. The criteria for an initial 100 percent rating for schizoaffective disorder, bipolar type, beginning August 11, 2021, are met. 38 U.S.C. §§ 1155, 5107, 5110; 38 C.F.R. §§ 3.2500, 3.400, 4.3, 4.7, 4.130, DC 9499-9432.

3. The criteria for a TDIU from November 15, 2016, to August 10, 2021, are met. 38 U.S.C. §§ 1155, 5107, 5110; 38 C.F.R. §§ 3.2500, 3.400, 4.16.

4. The appeal as to entitlement to a TDIU beginning August 11, 2021, is dismissed as moot. 38 U.S.C. §§ 7104, 7105(d)(5); 38 C.F.R. § 20.101.

REASONS AND BASES FOR FINDINGS AND CONCLUSIONS

The Veteran served on active duty from January 1982 to April 1988.

Procedurally, on November 15, 2016, VA received the Veteran's intent to file followed by a claim for service connection for a psychiatric disorder on December 21, 2016. A May 2017 rating decision denied the claim following a May 2017 VA examination. She submitted a Legacy notice of disagreement in July 2017. An August 2017 Statement of the Case was issued, and she perfected the appeal that same month by filing a VA Form 9.

In October 2020, the Board granted service connection for bipolar disorder. An October 2020 rating decision implemented the Board's grant and assigned an initial 30 percent rating effective November 15, 2016, based on the date of the Veteran's intent to file.

In December 2020, the Veteran submitted a VA Form 20-0966 requesting a Higher-Level Review. A March 2021 rating decision rating decision found a duty to assist error and undertook additional development, to include obtaining Social Security Administration records. An August 2022 rating decision denied a rating higher than 30 percent. In September 2022, the Veteran again filed a VA Form 20-0996 seeking Higher-Level Review. A November 2022 rating decision continued the 30 percent rating. In March 2023, she submitted a VA Form 10182 Notice of Disagreement appealing that decision to the Board.

On July 27, 2023, the Veteran filed a formal application for TDIU. In a May 2024 rating decision, the agency of original jurisdiction (AOJ) increased the rating for the psychiatric disability from 30 percent to 70 percent, effective July 27, 2023, and granted entitlement to a TDIU effective that same date.

In January 2025, the Board remanded the issue of entitlement to a higher rating for the psychiatric disability pursuant to the prior VA Form 10182 appeal. After additional development, including a February 5, 2025 VA examination, an April 2025 rating decision increased the psychiatric rating from 70 percent to 100 percent effective February 5, 2025.

The Veteran submitted an April 2025 VA Form 10182 Notice of Disagreement asking for earlier effective date for the awards of 100 percent and 70 percent disability ratings and entitlement to a TDIU, electing Direct Review.

As the psychiatric claim remained in continuous pursuit from the November 15, 2016 Intent to File, the Board finds that the matters are more appropriately addressed as whether higher staged initial ratings are warranted during the appeal period, as well as whether TDIU is warranted during any portion of that same period.

Therefore, the Board may only consider the evidence of record at the time of the April 2025 AOJ decision on appeal. 38 C.F.R. § 20.301. Any evidence submitted after the AOJ decision on appeal cannot be considered by the Board. 38 C.F.R. §§ 20.300, 20.301, 20.801.

Initial Rating - Laws and Regulations

The criteria for rating psychiatric disabilities, other than eating disorders, are set forth in the General Rating Formula (General Rating Formula) for Mental Disorders.? See 38?C.F.R. §?4.130.?

Under the General Rating Formula, a 50 percent rating is warranted for occupational and social impairment with reduced reliability and productivity due to such symptoms as: flattened affect; circumstantial, circumlocutory, or stereotyped speech; panic attacks 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, forgetting to complete tasks); impaired judgment; impaired abstract thinking; disturbances of motivation and mood; difficulty in establishing and maintaining effective work and social relationships.

A 70 percent rating is warranted if the evidence establishes there is occupational and social impairment, with deficiencies in most areas, such as work, school, family relations, judgment, thinking, or mood, due to such symptoms as suicidal ideation; obsessional rituals which interfere with routine activities; speech intermittently illogical, obscure, or irrelevant; 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/or inability to establish and maintain effective relationships.? Id.?

A 100 percent rating (total occupational and social impairment) is warranted due to such symptoms as: gross impairment in thought processes or communication; persistent delusions or hallucinations; grossly inappropriate behavior; persistent danger of hurting self or others; intermittent inability to perform activities of daily living (including maintenance of minimal personal hygiene); disorientation to time or place; memory loss for names of close relatives, own occupation, or own name.? Id.?

Under the General Rating Formula, 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 Board must determine
) is warranted due to such symptoms as: gross impairment in thought processes or communication; persistent delusions or hallucinations; grossly inappropriate behavior; persistent danger of hurting self or others; intermittent inability to perform activities of daily living (including maintenance of minimal personal hygiene); disorientation to time or place; memory loss for names of close relatives, own occupation, or own name.? Id.?

Under the General Rating Formula, 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 Board must determine whether unlisted symptoms are similar in severity, frequency, and duration to the listed symptoms associated with specific disability percentages. Then, the Board must determine whether the associated symptoms, both listed and unlisted, caused the level of impairment required for a higher disability rating. Vazquez-Claudio v. Shinseki, 713 F.3d 112, 114-118 (Fed. Cir. 2013).

The symptoms under the rating criteria are meant to be examples of symptoms that would warrant the rating, but are not meant to be exhaustive, and the Board need not find all or even some of the symptoms to award a specific rating. On the other hand, if the evidence shows that the veteran suffers symptoms or effects that cause occupational or social impairment equivalent to what would be caused by the symptoms listed in the diagnostic code, the appropriate equivalent rating will be assigned. Sellers v. Principi, 372 F.3d 1318, 1326 (Fed. Cir. 2004).

Evidence and Analysis

At the May 2017 VA mental disorders examination, the examiner diagnosed unspecified bipolar-related disorder and concluded that the disability resulted in occupational and social impairment with occasional decrease in work efficiency and intermittent periods of inability to perform occupational tasks, although generally functioning satisfactorily with normal routine behavior, self-care, and conversation.

The Veteran reported extensive relational dysfunction. She described multiple marriages, including that her second marriage ended because her husband could not deal with her bipolar disorder. She reported that she was then legally married to a fourth husband, but stated it was not a good marriage and that she would divorce him if she had the money. She related that her relationships with her children were good at present, though not always good, and that her fourth marriage had affected those relationships. She indicated that she had no current friendships. She reported that she felt like the black sheep of the family.

The Veteran also reported numerous leisure activities. She stated she liked to read and write, was writing two books, liked to take pictures, go to art museums, and go to amusement parks. She also reported collecting angels and ink pens.

Occupationally, the Veteran reported that after service she bounced from job to job for a long time until she obtained a job at Toyota in 1996. She stated she worked there until she was diagnosed with bipolar disorder in 1999. She reported she had been an excellent worker, but after psychiatric deterioration and a suicide attempt, she did not return to work. She stated that she received Social Security and long-term disability. She specifically reported that she was unable to work anywhere stable because she could not keep it together mentally.

The examiner identified symptoms of anxiety and panic attacks that occur weekly or less often. On mental status examination, the Veteran was oriented in all spheres. Her speech was at times difficult to understand due to a trach. Hygiene was within normal limits. Mood was pleasant with congruent affect. Thought process was linear, and there was no evidence of thought disorder. She denied current suicidal ideation and homicidal ideation. Her attention and concentration appeared intact. She was found competent to manage her financial affairs.

Beginning August 11, 2021, the Veteran reported some episodes of auditory hallucinations, described as conversational female voices, not commands, with no visual component, heightened during periods of stress. She continued to report hearing voices in 2022 and 2023, to include on June 5, 2023, when she again reported having voices in her head when she does not take her medication.

At the March 13, 2024 VA mental disorders examination, the examiner diagnosed unspecified bipolar and related disorder and concluded that the disability resulted in occupational and social impairment with reduced reliability and productivity. The Veteran reported she was then divorced from her fourth husband after a long separation, engaged, and living with her fiancé. She stated that she did not really have friends and focused on family. She reported loneliness, distractibility, racing thoughts, anxiety, sleep disturbance, fatigue, mood fluctuation, and mild memory problems.
continued to report hearing voices in 2022 and 2023, to include on June 5, 2023, when she again reported having voices in her head when she does not take her medication.

At the March 13, 2024 VA mental disorders examination, the examiner diagnosed unspecified bipolar and related disorder and concluded that the disability resulted in occupational and social impairment with reduced reliability and productivity. The Veteran reported she was then divorced from her fourth husband after a long separation, engaged, and living with her fiancé. She stated that she did not really have friends and focused on family. She reported loneliness, distractibility, racing thoughts, anxiety, sleep disturbance, fatigue, mood fluctuation, and mild memory problems. She also reported difficulty with focus and sustaining attention, stating that her mind wanders and that inner voices and racing thoughts distract her. She reported spending too much money shopping.

The examiner identified symptoms of depressed mood, anxiety, near-continuous panic or depression affecting the ability to function independently, appropriately, and effectively, chronic sleep impairment, mild memory loss, impairment of short- and long-term memory, disturbances of motivation and mood, and difficulty in establishing and maintaining effective work and social relationships. On examination, she was neatly groomed and dressed, polite and cooperative, with generally logical and goal-oriented thought processes, and she was found capable of managing her financial affairs.

In November 2024, the Veteran again reported female voices in her head. On January 29, 2025, the Veteran reported auditory hallucinations involving female voices she did not recognize.

At the February 5, 2025 VA examination, the examiner diagnosed schizoaffective disorder, bipolar type, and explained that unspecified bipolar-related disorder and bipolar mood disorder, type I, with psychosis, were subsumed under schizoaffective disorder, bipolar type. The examiner concluded that the disability resulted in occupational and social impairment with deficiencies in most areas. The Veteran reported that she had been in a relationship for the past four years and that it was good. She stated that she had five grown children, saw them often, saw her mother monthly, saw siblings on holidays, and attended church, but had no friends. Occupationally, she reported she had not worked since 2000 and stopped working when she started collecting disability for bipolar disorder. She stated she could not work anymore. She reported that when depressed she lays in bed for days. On low days, she is easily distracted and has difficulty learning new things. When feeling well, she does crafts and cleans her house.

The February 2025 examiner identified symptoms of depressed mood, anxiety, suspiciousness, panic attacks that occur weekly or less often, near-continuous panic or depression affecting the ability to function independently, appropriately, and effectively, chronic sleep impairment, mild memory loss, impairment of short- and long-term memory, disturbances of motivation and mood, difficulty adapting to stressful circumstances, including work or a work-like setting, persistent delusions or hallucinations, neglect of personal appearance and hygiene, and intermittent inability to perform activities of daily living, including maintenance of minimal personal hygiene. The Veteran reported that during manic phases she hears men and women talking and occasionally sees people who are not there. She reported that when depressed she lies in bed, does not clean the house, and does not maintain personal hygiene. She stated that when manic she spends money impulsively shopping online. The examiner explained that she is likely to be manic or depressed on most days, that her auditory and visual hallucinations occur when she is manic, and that when depressed she is likely to remain in bed, fail to accomplish anything, including cleaning her house and maintaining hygiene, and lack motivation.

From November 15, 2016, to August 10, 2021

From November 15, 2016, to August 10, 2021, the Board finds that the Veteran's psychiatric disability more nearly approximated occupational and social impairment with deficiencies in most areas, consistent with a 70 percent rating, but not total occupational and social impairment.

Although the May 2017 examiner selected a level of impairment corresponding to a lower evaluation, the Board affords greater probative value to the actual symptoms and functional impairment described than to the selected checkbox alone. The evidence showed severe impairment in work, as the Veteran had not worked since approximately 2000 and reported she could not work anywhere stable due to mental health symptoms. The evidence also showed significant deficiencies in family relations and social functioning, as reflected by multiple failed marriages, strain in familial relationships, emotional isolation, and no current friendships. The Veteran additionally reported a prior suicide attempt and symptoms of anxiety and panic. The Board finds this disability picture more nearly approximated deficiencies in most areas.

However, the Board further finds that the criteria for a 100 percent rating were not more nearly approximated prior
to a lower evaluation, the Board affords greater probative value to the actual symptoms and functional impairment described than to the selected checkbox alone. The evidence showed severe impairment in work, as the Veteran had not worked since approximately 2000 and reported she could not work anywhere stable due to mental health symptoms. The evidence also showed significant deficiencies in family relations and social functioning, as reflected by multiple failed marriages, strain in familial relationships, emotional isolation, and no current friendships. The Veteran additionally reported a prior suicide attempt and symptoms of anxiety and panic. The Board finds this disability picture more nearly approximated deficiencies in most areas.

However, the Board further finds that the criteria for a 100 percent rating were not more nearly approximated prior to August 11, 2021. The May 2017 examination did not show total occupational and social impairment. The Veteran remained oriented, her hygiene was within normal limits, thought process was linear, there was no evidence of thought disorder, and she denied current suicidal or homicidal ideation. She retained relationships with children and grandchildren and reported several leisure activities. Thus, although the disability was severe, the overall picture prior to August 11, 2021 did not rise to the level of total occupational and social impairment. The Board recognizes that a TDIU is being granted herein for this period based on the Veteran's psychiatric symptoms affecting her employability. However, the criteria for TDIU are based on different standards than a 100 percent schedular rating for PTSD. Compare 38 C.F.R. § 4.16 with 38 C.F.R. § 4.130.

Accordingly, resolving reasonable doubt in the Veteran's favor, the Board finds that an initial 70 percent rating, but no higher, is warranted from November 15, 2016, to August 10, 2021.

Beginning August 11, 2021

Beginning August 11, 2021, the Board finds that the Veteran's psychiatric disability more nearly approximated total occupational and social impairment.

The August 11, 2021 treatment record is the earliest point at which the Board finds the Veteran's psychotic symptomatology was shown to have become a persistent component of the disability picture. At that time, she reported auditory hallucinations described as conversational female voices. Thereafter, the record reflects repeated reports of voices and hallucinations over time, including on June 5, 2023, in November 2024, and on January 29, 2025. The Board finds this pattern establishes that hallucinations were not isolated or sporadic, but persistent from August 11, 2021.

The March 13, 2024 VA examination further reflected a worsening disability picture, including near-continuous panic or depression affecting the ability to function independently, memory impairment, disturbances of motivation and mood, distractibility, racing thoughts, difficulty establishing and maintaining effective work and social relationships, and continued inability to return to work. Although she remained neatly groomed and her thought processes were logical and goal oriented, the Board finds this examination consistent with the progression of the same severe disability picture.

The February 5, 2025 VA examination most fully described the extent of that disability. Although the examiner selected the checkbox for deficiencies in most areas rather than total occupational and social impairment, the Board is not bound by the selected checkbox and instead looks to the actual severity, frequency, and duration of the symptoms shown. Here, the examiner identified persistent delusions or hallucinations, neglect of personal appearance and hygiene, and intermittent inability to perform activities of daily living, including maintenance of minimal personal hygiene. The Veteran reported that during depressive periods she lies in bed for days, does not clean the house, and does not maintain hygiene. During manic periods, she hears voices, occasionally sees people who are not there, spends money impulsively, and has difficulty completing tasks. The examiner explained that she is likely to be manic or depressed on most days.

The Board recognizes that the Veteran retained some family contact and a relationship with her fiancé. However, total social impairment does not require the complete absence of all social contact. On review, the Board finds that beginning August 11, 2021, the persistent hallucinations, severe manic and depressive cycling, inability to function during depressive periods, neglect of hygiene, intermittent inability to perform activities of daily living, impaired concentration, impulsive behavior during manic phases, and complete inability to return to substantially gainful employment more nearly approximated total occupational and social impairment.

Accordingly, resolving reasonable doubt in the Veteran's favor, the Board finds that an initial 100 percent rating is warranted beginning August 11, 2021.

TDIU

The Court has held that a request for TDIU is part and parcel of a higher rating when raised by the record. See Rice v. Shin
of all social contact. On review, the Board finds that beginning August 11, 2021, the persistent hallucinations, severe manic and depressive cycling, inability to function during depressive periods, neglect of hygiene, intermittent inability to perform activities of daily living, impaired concentration, impulsive behavior during manic phases, and complete inability to return to substantially gainful employment more nearly approximated total occupational and social impairment.

Accordingly, resolving reasonable doubt in the Veteran's favor, the Board finds that an initial 100 percent rating is warranted beginning August 11, 2021.

TDIU

The Court has held that a request for TDIU is part and parcel of a higher rating when raised by the record. See Rice v. Shinseki, 22 Vet. App. 447 (2009); see also Harper v. Wilkie, 30 Vet. App. 356, 362 (2018), (holding that once entitlement to a TDIU is put in issue as part of a claim for a higher initial rating/increased rating and the RO grants a TDIU that does not span the entire period on appeal, the issue of entitlement to a TDIU for an earlier period is still on appeal).

A total disability rating for compensation purposes may be assigned where the schedular rating is less than total, where it is found that the disabled person is unable to secure or follow substantially gainful occupation as a result of a service-connected disability ratable at 60 percent or more or as a result of two or more disabilities, providing 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, 4.16(a).

Unlike the regular disability rating schedule, which is based on the average work-related impairment caused by a disability, "entitlement to a TDIU is based on an individual's particular circumstances." Rice v. Shinseki, 22 Vet. App. 447, 452 (2009). Therefore, in adjudicating a TDIU claim, VA must take into account the individual Veteran's education, training, and work history.

The ultimate question of whether a veteran is capable of substantial gainful employment is not a medical one but rather a determination for the adjudicator. See Geib v. Shinseki, 733 F.3d 1350, 1354 (Fed. Cir. 2013).

Moreover, for purposes of entitlement to TDIU, marginal employment shall not be considered substantially gainful employment. 38 C.F.R. § 4.16. Generally, marginal employment shall be deemed to exist when a Veteran's earned annual income does not exceed the amount established by the U.S. Department of Commerce as the poverty threshold for one person. 38 C.F.R. § 4.16 (b). Marginal employment may be held to exist on a "facts found basis" even when earned annual income exceeds the poverty threshold, including but not limited to "employment in a protected environment such as a family business or sheltered workshop." 38 C.F.R. § 4.16 (b). More recently, the Court has qualified the meaning of "employment in a protected environment" within the context of 38 C.F.R. § 4.16 (a).

In Labruzza v. McDonough, 37 Vet. App. 111 (2024), the Court defined "employment in a protected environment" as "a lower-income position that, due to the veteran's service-connected disability or disabilities, is shielded in some respect from competition in the employment market").

The ultimate issue of whether TDIU should be awarded is not a medical issue but rather is a determination for the VA adjudicator. See Moore v. Nicholson, 21 Vet. App. 211, 218 (2007) (ultimate question of whether a veteran is capable of substantial gainful employment is not a medical one; that determination is for the adjudicator), rev'd on other grounds sub nom. Moore v. Shinseki, 555 F.3d 1369 (Fed. Cir. 2009).

Neither nonservice-connected disabilities nor advancing age may be considered in the determination. 38 C.F.R. §§ 3.341, 4.19; Van Hoose v. Brown, 4 Vet. App. 361, 363 (1993).

Evidence and Analysis

Although the AOJ granted entitlement to TDIU effective July 27, 2023, that partial grant did not remove the issue of entitlement to TDIU for the earlier portion of the appeal period from appellate status. TDIU was raised as part and parcel of the continuously pursued psychiatric
other grounds sub nom. Moore v. Shinseki, 555 F.3d 1369 (Fed. Cir. 2009).

Neither nonservice-connected disabilities nor advancing age may be considered in the determination. 38 C.F.R. §§ 3.341, 4.19; Van Hoose v. Brown, 4 Vet. App. 361, 363 (1993).

Evidence and Analysis

Although the AOJ granted entitlement to TDIU effective July 27, 2023, that partial grant did not remove the issue of entitlement to TDIU for the earlier portion of the appeal period from appellate status. TDIU was raised as part and parcel of the continuously pursued psychiatric rating claim, and the Board retains jurisdiction over whether TDIU is warranted prior to the date assigned by the AOJ. See Harper, supra.

The evidence reflects that the Veteran has not worked since approximately 2000. At the May 2017 VA examination, she reported that she received Social Security and long-term disability from Toyota and was unable to work anywhere stable because she could not keep it together mentally. The Board finds no reason to doubt the credibility of these statements, as they are consistent with the lay and medical evidence throughout the appeal period.

In Ray v. Wilkie, the Court defined the phrase "unable to secure and follow substantially gainful occupation" as having two components: one economic and one noneconomic. The economic component means an occupation earning more than marginal income, outside of a protected environment, as determined by the poverty threshold for one person. The noneconomic competent includes consideration of the veteran's history, education, skill, and training, and whether the veteran has the physical and mental ability to perform the activities required by the occupation at issue. See Ray v. Wilkie, 31 Vet. App. 58 (2019).

Here, regarding the economic component, the record reflects that the Veteran has not worked since approximately 2000. By her own reports, she has received Social Security and long-term disability rather than earned income from employment. The board finds that she has not engaged in substantially gainful employment during the period at issue.

Regarding the noneconomic component, the Veteran reported at the May 2017 VA examination that she had an associate degree as a lab technician and a certificate in medical claims processing. Her occupational history reflects that she bounced from job to job for a long period before obtaining employment at the Toyota in 1996, where she worked until psychiatric deterioration and a suicide attempt in 1999. Thereafter, she did not return to work. The Board finds that her education and occupational background do not outweigh the severe functional impairment caused by her psychiatric disability.

As discussed above, from November 15, 2016 to August 10, 2021, the Veteran's service-connected psychiatric disability was manifested by severe mood instability, anxiety, panic, significant relational dysfunction, emotional isolation, and inability to sustain occupational functioning. At the May 2017 VA examination, she specifically reported that she was unable to work anywhere stable because she could not keep it together mentally. The Board finds this statement highly probative. Her psychiatric symptoms during that period would reasonably impair the mental ability required for substantially gainful employment, including ability to maintain concentration, reliability, productivity, and appropriate interaction in a work setting.

Considering the above regarding the Veteran's education, work history, and functional limitations, the Board finds it reasonable to conclude that she was unable to secure and follow a substantially gainful occupation due solely to her service-connected psychiatric disability during the period from November 15, 2016 to August 10, 2021. This is supported by the lay and medical evidence of record discussed above.

Accordingly, the evidence is at least in equipoise, and entitlement to a TDIU from November 15, 2016 to August 10, 2021, is granted. 38 C.F.R. § 4.16.

Beginning August 11, 2021, the Veteran is in receipt of a 100 percent schedular rating for schizoaffective disorder, bipolar type, her only service-connected disability. TDIU, if awarded from that date, would necessarily be based on that same disability alone. Because there is no other service-connected disability, special monthly compensation under 38 U.S.C. § 1114(s) is not for consideration. Thus, no additional benefit may flow from a separate award of TDIU beginning August 11, 2021, and there remains no question of law or fact to be decided as to that issue. Accordingly, entitlement to a TDIU beginning August 11, 2021, is dismissed as moot.

S. B. MAYS

Veterans Law Judge

Board of Veterans
schizoaffective disorder, bipolar type, her only service-connected disability. TDIU, if awarded from that date, would necessarily be based on that same disability alone. Because there is no other service-connected disability, special monthly compensation under 38 U.S.C. § 1114(s) is not for consideration. Thus, no additional benefit may flow from a separate award of TDIU beginning August 11, 2021, and there remains no question of law or fact to be decided as to that issue. Accordingly, entitlement to a TDIU beginning August 11, 2021, is dismissed as moot.

S. B. MAYS

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board A. Yaffe, 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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