BVA9503651 DOCKET NO. 93-04 162 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in Manchester, New Hampshire, received from the Regional Office in Wilmington, Delaware THE ISSUE Entitlement to a total disability rating based on unemployability due to service-connected disabilities. REPRESENTATION Appellant represented by: Disabled American Veterans ATTORNEY FOR THE BOARD Nadine W. Benjamin, Counsel INTRODUCTION The veteran served on active duty from January 1947 to January 1951. This matter comes to the Board of Veterans' Appeals (Board) on appeal from a September 1992 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO) in Manchester, New Hampshire. CONTENTIONS OF APPELLANT ON APPEAL The veteran seeks a total disability rating based on unemployability due to service-connected disabilities. He argues that he is unable to work due to his service connected disorders, pointing out that his skills are related to manual labor, which he is unable to perform. He has also noted that VA has found that it is not feasible for him to achieve a vocational goal. DECISION OF THE BOARD The Board, in accordance with the provisions of 38 U.S.C.A. § 7104 (West 1991), has reviewed and considered all of the evidence and material of record in the veteran's claims files. Based on its review of the relevant evidence in this matter, and for the following reasons and bases, it is the decision of the Board that the preponderance of the evidence supports the veteran's claim of entitlement to a total rating based on unemployability due to service connected disabilities. FINDINGS OF FACT 1. All relevant evidence necessary for an equitable disposition of the veteran's appeal has been obtained by the RO. 2. Service connection is in effect for: Status post below the knee amputation of the left lower extremity with stump revision, evaluated as 40 percent disabling; status post acromioplasty and rotator cuff repair, left shoulder with moderate shoulder and arm atrophy, evaluated as 30 percent disabling; degenerative joint disease, right knee, evaluated as 20 percent disabling; residuals of a fracture of the left femur, with plate, evaluated as 10 percent disabling; and status post left lumbar sympathectomy, evaluated as 10 percent disabling. The combined schedular rating is 80 percent. 3. The veteran completed one year of high school. 4. He has occupational experience as a clerk, carpenter and bricklayer. 5. The veteran's service-connected disabilities preclude him from obtaining and maintaining any substantially gainful employment consistent with his education and industrial background. CONCLUSION OF LAW The criteria for a total disability rating based on unemployability due to service-connected disabilities have been met. 38 C.F.R. §§ 3.340, 3.341, 4.16 (1994). REASONS AND BASES FOR FINDINGS AND CONCLUSION The veteran's claim is well grounded within the meaning of 38 U.S.C.A. § 5107(a) (West 1991). That is, the Board finds that he has presented a claim which is plausible. The Board is also satisfied that all relevant facts have been properly developed and that no further assistance is required to comply with the duty to assist him mandated by 38 U.S.C.A. § 5107(a). Total disability ratings for compensation may be assigned where the schedular rating for the service-connected disability or disabilities is less than 100 percent when it is found that the veteran is unable to secure or follow a substantially gainful occupation as a result of a single disability ratable at 60 percent or more, or as the result of 2 or more disabilities, provided at least one disability is rated at 40 percent or more, and there is sufficient additional service connected disability to bring the combined rating to 70 percent or more. 38 C.F.R. §§ 3.340, 3.341, 4.16.(1994). The veteran maintains that he is unable to find and maintain employment due to his service-connected disabilities. He is presently service connected for status post below the knee amputation of the left lower extremity with stump revision, evaluated as 40 percent disabling; status post acromioplasty and rotator cuff repair, left shoulder with moderate shoulder and arm atrophy, evaluated as 30 percent disabling; degenerative joint disease, right knee, evaluated as 20 percent disabling; residuals of a fracture of the left femur, with plate, evaluated as 10 percent disabling; and status post left lumbar sympathectomy, evaluated as 10 percent disabling. The combined schedular rating is 80 percent. The record shows that the veteran has completed one year of high school and has work experience as a postal clerk and as a carpenter/bricklayer. He reportedly last worked as a postal clerk in 1975 and as a carpenter/bricklayer in the early 1980's. In May 1992, he underwent a VA joints examination. It was noted that there was evidence of a healed ulcer with irregular skin changes all over the tip of his left below-the-knee amputation stump. The stump was moderately tender. The left knee was somewhat weak. It was also noted that the veteran had undergone a right knee arthroplasty approximately two weeks prior at a VA facility. Current examination showed tenderness, effusion, and decreased range of motion with pain and severe arthritis. The examiner opined that the veteran's right knee disability was moderately severe to severe. The findings on examination of the left shoulder were considered to be consistent with a severe rotator cuff injury. The residuals of a fracture of the left femur were reported to be asymptomatic, as was the veteran's left lumbar sympathectomy. During a May 1992 VA general medical examination, it was noted that the veteran used a wheelchair, and that he reported that he may need a total right knee replacement. He noted that he last worked 10 years prior as a carpenter for his son. A VA Certificate of Medical Feasibility dated in May 1992 indicates that the veteran would require permanent wheelchair access at some point in the future. In a May 1992 letter to the veteran VA informed him that it had been determined that it was not medically feasible for the veteran to achieve a vocational goal. The Board is of the opinion that the preponderance of the evidence supports his claim. It is noted that the veteran last worked in the 1980's at manual labor. He has completed only one year of high school and has had no additional training. The clinical evidence of record shows that he has significant service-connected impairment of the left upper extremity and both lower extremities, effectively precluding his ability to engage in manual labor. Further, the finding by VA that vocational training is infeasible is supportive of the veteran's claim. Accordingly, the veteran's claim for total rating based upon unemployability is granted. ORDER A total rating on the basis of unemployability due to service- connected disabilities is granted, subject to the applicable criteria governing the payment of monetary benefits. SHANE A. DURKIN Member, Board of Veterans' Appeals The Board of Veterans' Appeals Administrative Procedures Improvement Act, Pub. L. No. 103-271, § 6, 108 Stat. 740, ___ (1994), permits a proceeding instituted before the Board to be assigned to an individual member of the Board for a determination. This proceeding has been assigned to an individual member of the Board. (CONTINUED ON NEXT PAGE) NOTICE OF APPELLATE RIGHTS: Under 38 U.S.C.A. § 7266 (West 1991), a decision of the Board of Veterans' Appeals granting less than the complete benefit, or benefits, sought on appeal is appealable to the United States Court of Veterans Appeals within 120 days from the date of mailing of notice of the decision, provided that a Notice of Disagreement concerning an issue which was before the Board was filed with the agency of original jurisdiction on or after November 18, 1988. Veterans' Judicial Review Act, Pub. L. No. 100-687, § 402 (1988). The date which appears on the face of this decision constitutes the date of mailing and the copy of this decision which you have received is your notice of the action taken on your appeal by the Board of Veterans' Appeals.