Citation Nr: 18141393 Decision Date: 10/11/18 Archive Date: 10/10/18 DOCKET NO. 16-19 460 DATE: October 11, 2018 ORDER Entitlement to an initial increased rating of 50 percent for migraine headaches is granted. Entitlement to special monthly compensation (SMC) at the housebound rate is denied. FINDINGS OF FACT 1. The Veteran has experienced migraines with very frequent, completely prostrating and prolonged attacks productive of severe economic inadaptability. 2. The Veteran does not have at least one service-connected disability rated as 100 percent and additional service-connected disabilities independently ratable at 60 percent or more. CONCLUSIONS OF LAW 1. The criteria for a 50 percent disability rating for migraine headaches have been met. 38 U.S.C. §§ 1155, 5107 (2012); 38 C.F.R. §§ 4.1, 4.2, 4.3, 4.7, 4.10, 4.124a, Diagnostic Code 8100 (2017). 2. The criteria for SMC have not been met. 38 U.S.C. §§ 1114(s) (2012); 38 C.F.R. §§ 3.350, 3.352 (2017). REASONS AND BASES FOR FINDINGS AND CONCLUSIONS The Veteran served on active duty from August 1984 to June 1987 and from April 1989 to June 1993. Increased Rating A disability rating is determined by the application of VA’s Schedule for Rating Disabilities (Rating Schedule), 38 C.F.R. Part 4. The percentage ratings contained in the Rating Schedule represent, as far as can be practicably determined, the average impairment in earning capacity resulting from diseases and injuries incurred or aggravated during military service and their residual conditions in civil occupations. Separate diagnostic codes identify the various disabilities. 38 U.S.C. § 1155; 38 C.F.R. § 4.1. The Board will consider whether separate ratings may be assigned for separate periods of time based on facts found, a practice known as “staged ratings,” whether it is an initial rating case or not. Fenderson v. West, 12 Vet. App. 119, 126-27 (1999); Hart v. Mansfield, 21 Vet. App. 505 (2007). 1. Migraine Headaches The Veteran has reported her headaches are very frequent, last for three days, and during a headache she is extremely sensitive to noise and light and has no energy. See September 2014 notice of disagreement; July 2016 and April 2017 Veteran statements. The Veteran is competent and credible to report what she feels, such as the severity of headache-related pain. Accordingly, the Board finds her statements credible as to the frequency, severity, and duration of her migraines. See Layno v. Brown, 6 Vet. App. 465, 469 (1994); 38 C.F.R. § 3.159 (a)(2). The Veteran's reports are also supported by medical evidence. During a February 2014 VA examination, the Veteran reported that her headaches took up to three days to resolve and medication was not effective. She described constant head pain, with sensitivity to light and sound, changes in vision, and extreme pressure during a headache. The examiner opined that the Veteran experienced characteristic prostrating attacks more frequently than one month, and found that the Veteran's headaches had an impact on her ability to work. Based on the frequency, severity, and duration of the attacks described by the Veteran, the Veteran's report that medication has been ineffective in controlling her symptoms, and the medical opinion of the February 2014 VA examiner, the Board finds that the Veteran's migraine headaches are productive of severe economic inadaptability. Thus, the Board finds that the evidence demonstrates that the Veteran’s migraine symptoms correspond with the maximum 50 percent disability rating under DC 8100 for very frequent completely prostrating and prolonged attacks productive of severe economic inadaptability. 2. SMC The Veteran has asserted that she is entitled to SMC based on a severe economic hardship. The Veteran not asserted, nor does the evidence indicate, entitlement to SMC based on loss of use or the need for regular aid and attendance. See 38 U.S.C § 1114(k)-(r), (t). The Board will therefore consider the Veteran's claim pursuant to the provisions of 38 U.S.C. § 1114(s). The Veteran has, however, made clear that she is not housebound and is not seeking SMC based on housebound status. See, e.g., April 2016 VA Form 9; April 2017 Veteran statement. SMC at the (s) rate is payable if a veteran has a single service-connected disability rated as 100 percent and: (1) has additional 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 due to service-connected disability or disabilities. 38 U.S.C. § 1114 (s); 38 C.F.R. § 3.350 (i). An award of a total disability rating based on individual unemployability due to service-connected disabilities (TDIU) is sufficient to satisfy § 1114 (s) requirement of a service-connected disability rated as 100 percent disabling), if it based upon a single service-connected disability. Bradley v. Peake, 22 Vet. App. 280, 293 (2008). However, TDIU based on multiple service-connected disabilities does not satisfy the criteria for one total disability in considering entitlement to housebound benefits under 38 U.S.C. § 1114 (s). Id. at 290-91. The Court reiterated this interpretation with its holding in Buie v. Shinseki, 24 Vet. App. 242, 249-250 (2010). In a June 2006 rating decision, the agency of original jurisdiction (AOJ) granted entitlement to TDIU effective October 22, 2002. The rating decision makes clear that the AOJ’s grant of TDIU was not based on a single service-connected disability, but on two, specifically, major depressive disorder and irritable bowel syndrome. Therefore, the Veteran is not eligible for SMC under 38 U.S.C. § 1114 (s) as a matter of law. DONNIE R. HACHEY Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD E. Mine, Associate Counsel