Citation Nr: 20032489
Decision Date: 05/08/20	Archive Date: 05/08/20

DOCKET NO. 17-28 750
DATE: May 8, 2020

REMANDED

A rating in excess of 50 percent for posttraumatic stress disorder (PTSD).

A compensable rating for migraine headaches.

A total disability rating based on individual unemployability (TDIU).

REASONS FOR REMAND

In connection with this appeal, the Veteran testified before the undersigned Veterans Law Judge (VLJ) at the regional office (RO) in January 2020. A copy of the transcript has been associated with the record.

Regarding the claim for an increased rating for PTSD, the Veteran was last afforded a VA examination in April 2014. He testified at the January 2020 Board hearing that his symptoms had recently worsened. These findings are also shown in the medical treatment records. As such, an updated examination is required.

Next, the Veteran also testified at his January 2020 Board hearing that he had recently been sitting in a closet in darkness for hours, at least three to four times per month, due to severe migraine headaches. He also testified that his symptoms had worsened since he moved to Florida. As his last examination was in April 2014 and his symptoms have worsened since his last examination, and an updated report is required.

Finally, the matter of entitlement to a TDIU is inextricably intertwined with the above remanded issues. As such, it must likewise be remanded.

The matters are REMANDED for the following actions:

1. Identify and obtain any outstanding, pertinent, VA and private treatment record and associate them with the claims file.

2. Schedule examinations to assess the current severity of the Veteran’s PTSD and migraine disabilities. The claims folder must be provided to the examiner in conjunction with the examination. All indicated studies should be performed.

In addition, the examiner is asked to discuss the functional impairment caused by the Veteran’s service-connected disabilities. 

 

 

L. HOWELL

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	M. Yacoub, 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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.