Case A26040747

Summary

The Veteran, who served from June 1959 to July 1968, appeals the denial of entitlement to a total disability rating based on individual unemployability (TDIU) for the period prior to May 8, 2024. The Veteran had a complex procedural history, with a claim for an increased rating for PTSD initially filed in March 2019, eventually leading to a 70 percent rating. A separate TDIU claim was filed in August 2024 and granted by the RO effective August 9, 2024. However, the Veteran argued for an earlier TDIU effective date, contending it was reasonably raised by the record from his PTSD increased rating claim. The Board agreed that the TDIU claim was part of the earlier PTSD claim. The Veteran's service-connected disabilities included PTSD, left clavicle disability, shoulder pain, left hand pain, hearing loss, and hypertension. VA treatment records and statements indicated significant anger, irritability, interpersonal conflict, and self-isolation related to PTSD, impacting his ability to work. His physical limitations from left shoulder and hand pain, combined with hearing difficulties in noisy environments, also affected his employment prospects. The Board found that while no single disability rendered him totally unemployable, the combined effects of his service-connected conditions, particularly PTSD and left clavicle disability, precluded him from securing and maintaining substantially gainful employment. The Board found the evidence in approximate balance and resolved the doubt in the Veteran's favor, granting entitlement to TDIU for the period prior to May 8, 2024.

Rationale

Veteran met schedular criteria for TDIU (combined rating of at least 70%, with one disability rated 40% or more).; Evidence indicated combined disabilities (PTSD, left clavicle, shoulder/hand pain, hearing loss, hypertension) impacted ability to work.; Board found evidence in approximate balance and resolved doubt in Veteran's favor.

Full Decision Text

Citation Nr: A26040747
Decision Date: 04/30/26	Archive Date: 04/30/26

DOCKET NO. 251024-600111
DATE:  April 30, 2026

ORDER

Entitlement to a total disability rating based on individual unemployability (TDIU) for the period on appeal prior to May 8, 2024, is granted.

FINDING OF FACT

For the period on appeal prior to May 8, 2024, resolving all doubt in the Veteran's favor, the Veteran has been in receipt of a combined rating of at least 70 percent with one disability, or disabilities combinable, rated 40 percent; and the competent and credible evidence of record demonstrates that the combined effects of the Veteran's service-connected disabilities precluded him from securing or following a substantially gainful employment.

CONCLUSION OF LAW

Prior to May 8, 2024, the criteria for a TDIU have been met. 38 U.S.C. §§ 1155, 5107; 38 C.F.R. §§ 3.102, 3.340, 3.341, 4.16.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran had active service from June 1959 to June 1962 and from July 1962 to July 1968.

This case comes before the Board of Veterans' Appeals (Board) on appeal of a December 2024 rating decision by a Department of Veterans (VA) Regional Office. 

In the October 2025 VA Form 10182, Decision Review Request: Board Appeal (Notice of Disagreement), the Veteran elected the Direct Review docket. Therefore, the Board may only consider the evidence of record at the time of the December 2024 agency of original jurisdiction (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. 

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[s], considering the new evidence in addition to the evidence previously considered. Id. Specific instructions for filing a Supplemental Claim are included with this decision. 

The Board acknowledges that the Veteran originally was granted entitlement to a TDIU effective August 9, 2024; however, a review of the record indicates that the Veteran is in receipt of a 100 percent combined disability rating along with special monthly compensation at the housebound rate effective May 8, 2024. As such, the issue of entitlement to a TDIU from May 8, 2024, to August 9, 2024, is moot. Accordingly, the Board has narrowed the period on appeal to that prior to May 8, 2024. Bradley v. Peake, 22 Vet. App. 280 (2008); see also Buie v. Shinseki, 24 Vet. App. 242 (2010).

Entitlement to a TDIU prior to May 8, 2024.

The Veteran seeks entitlement to a TDIU prior to May 8, 2024. 

By way of history, the Veteran submitted a claim for an increased rating for his PTSD in March 2019. The claim went through a long and complicated procedural history before the Veteran was granted a 70 percent rating effective March 14, 2018, for his PTSD via a March 2026 Board decision utilizing the one year "look back" period for increased rating claims. 

During the pendency of Veteran's claim for an increased rating for PTSD and the ensuing appeals addressing such, the Veteran submitted a VA Form 21-8940 Veterans Application for Increased Compensation Based on Unemployability which was received by VA on August 9, 2024. In a December 2024 rating decision, the AOJ granted the Veteran a TDIU effective August 9, 2024, based on the day VA received the Veteran's claim for TDIU benefits. However, the Veteran and his representative have claimed that the Veteran's TDIU benefits should extend back to the period of his increased rating claim on appeal because it was reasonably raised by the record. The Board agrees that the Veteran's claim for TDIU should be considered part and parcel of his March 2019 claim for an increased rating for PTSD. See Rice v. Shinseki,
-8940 Veterans Application for Increased Compensation Based on Unemployability which was received by VA on August 9, 2024. In a December 2024 rating decision, the AOJ granted the Veteran a TDIU effective August 9, 2024, based on the day VA received the Veteran's claim for TDIU benefits. However, the Veteran and his representative have claimed that the Veteran's TDIU benefits should extend back to the period of his increased rating claim on appeal because it was reasonably raised by the record. The Board agrees that the Veteran's claim for TDIU should be considered part and parcel of his March 2019 claim for an increased rating for PTSD. See Rice v. Shinseki, 22 Vet. App. 447 (2009). Thus, the remaining question is whether a TDIU was warranted for the period on appeal prior to May 8, 2024. 

It is the established policy of VA that all Veterans who are unable to secure and follow a substantially gainful occupation by reason of service-connected disabilities shall be rated totally disabled. See 38 C.F.R. § 4.16.

The phrase "unable to secure and follow a substantially gainful occupation" contains both economic and noneconomic components.

The economic component requires a determination as to whether a Veteran's income exceeds the poverty threshold. The noneconomic component requires a determination as to a Veteran's ability to secure and follow such employment. With regard to the latter component, attention should be given to the Veteran's history, education, skill, and training. Consideration should also be given to both the Veteran's physical and mental abilities. From a physical standpoint, possible relevant factors include the Veteran's limitations as to lifting, bending, sitting, standing, walking, climbing, grasping, typing, and reaching, as well as audio and visual limitations. Regarding the Veteran's mental ability, possible relevant factors include limitations as to memory, concentration, ability to adapt to change, handle workplace stress, get along with coworkers, and demonstrate reliability and productivity. See Ray v. Wilkie, 31 Vet. App. 58 (2019). In determining whether unemployability exists, consideration should not be given to the Veteran's age or to any impairment caused by nonservice-connected disabilities. See 38 C.F.R. §§ 3.341, 4.16, 4.19.

A total disability rating for compensation may be 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 as a result of service-connected disabilities, provided that, if there is only one such disability, this disability shall be ratable at 60 percent or more. If there are two or more disabilities, there shall be at least one disability ratable at 40 percent or more and the combined rating must be 70 percent or more. See 38 C.F.R. § 4.16 (a). Here, for the entire period on appeal, the Veteran was in receipt of a combined rating of at least 70 percent, with one disability, or disabilities combinable, rated 40 percent. As such, the Veteran has met the schedular criteria for entitlement to a TDIU for the entire period on appeal. 38 C.F.R. § 4.16.

On his VA Form 21-8940, the Veteran reported that he had stopped working and became too disabled to work in 2004. The Veteran's work history indicated that he worked for the United States Post Office (USPS) from 1985 to 2004. The most he had ever earned in one year was $41,000. As for his educational history, the Veteran reported finishing high school. Since finishing high school, the Veteran has not undergone any other education or training. 

VA treatment records from the period on appeal indicate that the Veteran struggled significantly with anger, irritability, and interpersonal conflict. For instance, treatment records from March 2018 indicate that the Veteran confronted a woman in a road rage incident, threw a bolt across the garage at his wife in a fit of rage, and was in an ongoing conflict with veterans in his combat association that he felt were "deceptive regarding their service or medals they received." This pattern of behavior continued throughout the period on appeal, and it was noted that the Veteran frequently thew things at his wife, made those around him uneasy or feel like they were "walking on eggshells," and practiced self-isolation as a response to anger and frustration. See, for example, October 2018 VA Treatment Records and May 2019 VA Treatment Records; February 2024 VA Treatment Records; see also July 2021 Statement - B.G., July 2021 Statement - B.M.; June 2021 Statement - S.G. The Veteran was also
 a fit of rage, and was in an ongoing conflict with veterans in his combat association that he felt were "deceptive regarding their service or medals they received." This pattern of behavior continued throughout the period on appeal, and it was noted that the Veteran frequently thew things at his wife, made those around him uneasy or feel like they were "walking on eggshells," and practiced self-isolation as a response to anger and frustration. See, for example, October 2018 VA Treatment Records and May 2019 VA Treatment Records; February 2024 VA Treatment Records; see also July 2021 Statement - B.G., July 2021 Statement - B.M.; June 2021 Statement - S.G. The Veteran was also treated for shoulder pain and left hand pain for the period on appeal as part of his service-connected left clavicle disability.

In an April 2018 VA examination report for hearing loss, the examiner indicated that the Veteran's hearing loss impacted his ability to work because even with hearing aids, the Veteran had difficulty hearing and understanding individuals, especially in noisy areas. The Veteran also had difficulty hearing on the phone and needed to use speakerphone any time he had conversations. 

In an April 2019 VA psychiatric examination report, the examiner indicated that the Veteran's PTSD 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 examiner noted in occupational history that the Veteran had not worked or attained further education since his last evaluation. The examiner noted that the Veteran's symptoms included anxiety and chronic sleep impairment. 

In a July 2023 VA psychiatric examination report, the examiner indicated that the Veteran's PTSD resulted in occupation and social impairment with deficiencies in most areas, such as work, school, family relations, judgment, thinking and/or mood. The Veteran's noted symptoms included depressed mood, anxiety, chronic sleep impairment, mild memory loss, disturbances in 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 impaired impulse control, such as unprovoked irritability with periods of violence.

The Board finds that the most probative evidence of record are the Veteran's statements and his VA treatment records indicating pain in the Veteran's shoulder and ongoing psychiatric treatment. In this regard, VA treatment records indicated that the Veteran had periods of irritability and struggled with ongoing interpersonal conflict and road rage. Additionally, the Veteran had active problems with left shoulder pain and left hand pain as a result of his left clavicle disability. Given the Veteran's employment with the USPS would require movement of the hands/shoulders and is a public facing position that also requires significant time on the road, the Veteran's PTSD and left clavicle disabilities directly impact his ability to perform essential job functions. See also, February 2021 VA Examination (indicating that the Veteran's service-connected hypertension rendered him unable to get his Department of Transportation certification for his job). Additionally, the Veteran's hearing loss disability would render his ability to work in a noisy mail processing center difficult and contributed to his history of interpersonal conflict. Although, it does not appear that one disability alone was so severe as to render the Veteran unable to obtain and maintain gainful employment; the evidence of record tends to indicate that the symptoms of the Veteran's various service-connected disabilities, in combination, render him unable to obtain and maintain gainful employment consistent with his education and industrial history. Specifically, the Board notes that neither the April 2019 psychiatric examiner nor the June 2023 psychiatric examiner indicated that the Veteran's PTSD symptoms were severe enough to equate to total occupational impairment. Thus, the Board finds that the Veteran's service-connected disabilities in combination, to include his left clavicle disability and his PTSD, render him unable to obtain or maintain substantially gainful employment. 

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?

Based upon the above, the Board finds that the evidence for and against the claim is in approximate balance. Therefore, the benefit of the doubt must be resolved in favor of the Veteran, and entitlement to a TDIU for the period on appeal prior to May 8, 2024, is warranted. 38 U.S.C. § 5107(b); Lynch v. McDonough, 21 F.4th 776 (Fed. Cir. 2021) (en banc).

 

 

Kristin Haddock

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Davis, Alexandra J.

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.