Citation Nr: 21002765 Decision Date: 01/14/21 Archive Date: 01/14/21 DOCKET NO. 17-43 914 DATE: January 14, 2021 REMANDED The claim of entitlement to an initial rating higher than 50 percent for service-connected situational specific phobia is remanded. The claim of entitlement to a rating higher than 40 percent for compression fracture L4, with facet arthropathy L4-S1 and degenerative spine disease L3-L4 (low back disability) is remanded. The claim of entitlement to a rating higher than 30 percent for migraine headaches is remanded. The claim of entitlement to a total disability rating due to individual unemployability (TDIU) is remanded. REASONS FOR REMAND The Veteran served on active duty from February 1983 to February 1985. These appeals are from April 2016 and July 2016 rating decisions. In September 2020, the Veteran had a hearing with the undersigned VLJ. 1. The claim of entitlement to an initial rating higher than 50 percent for service-connected situational specific phobia is remanded. 2. The claim of entitlement to a rating higher than 40 percent for compression fracture L4, with facet arthropathy L4-S1 and degenerative spine disease L3-L4 (low back disability) is remanded. 3. The claim of entitlement to a rating higher than 30 percent for migraine headaches is remanded. The Veteran has asserted that these disabilities have increased in severity since her last examinations. The current examinations are from 2017, as are the most recent medical treatment records. Accordingly, the evidence must be developed and readjudicated. 4. The claim of entitlement to a total disability rating due to individual unemployability (TDIU) is remanded. This claim is intertwined with the above claims. The Veteran asserts the above disabilities preclude her from working. Her last employment was as a receptionist at a medical clinic. The VA examiners will be asked to comment on how the above disabilities affect the Veteran’s physical and mental ability to perform the activities required by her of that or similar positions. Factors that may be relevant include: limitations regarding bending, sitting, standing, typing, and filing; auditory and visual limitations; and, limitations concerning memory, concentration, ability to adapt to change, ability to handle stress, ability to get along with co-workers, and ability to demonstrate reliability and productivity. See Ray v. Wilkie, 31 Vet. App. 58 (2019). The matters are REMANDED for the following action: 1. Associate updated VA treatment records with the claims file. 2. After completion of the above directive, schedule the Veteran for an appropriate examination for a report on the current severity of her situational phobia. The examiner is asked to conduct a thorough examination along with all necessary diagnostic tests. The examiner is asked to elicit from the Veteran a detailed history of her phobia and how it affects her ability to function in her everyday life, and how it affected her physical and mental functioning in relation to work. The examiner is asked to provide an explanation for all opinions rendered. The AOJ is asked to schedule this examination at the Minneapolis VAMC if feasible, and to work with the Veteran if she needs to reschedule the examination due to inclement weather. If it is possible to conduct the examination over the phone or via video-conferencing, offer this option to the Veteran. 3. After completion of directive 1, schedule the Veteran for an appropriate examination for a report on the current severity of her low back disability. The examiner is asked to conduct a thorough examination along with any necessary diagnostic tests. The examiner is asked to elicit from the Veteran a detailed history of her symptoms and how they affect her ability to function in her everyday life, and in relation to her work, including her abilities to physically and mentally do the functions required of her job as a receptionist at a medical clinic. All opinions should be accompanied with explanation. The AOJ is asked to schedule this examination at the Minneapolis VAMC if feasible, and to work with the Veteran if she needs to reschedule the examination due to inclement weather. If it is possible to conduct the examination over the phone or via video-conferencing, offer this option to the Veteran. 4. After completion of directive 1, schedule the Veteran for an appropriate examination for a report on the current severity of her headaches. The examiner is asked to conduct a thorough examination and to elicit from the Veteran a detailed history of her headaches, and their impact on her everyday functioning and functioning in relation to work. The examiner is asked to comment on how the Veteran’s headaches affect her ability to physically and mentally perform the functions of her work, and to opine on whether her headaches, which are considered prostrating, are also productive of severe economic inadaptability. All opinions should be accompanied with explanation. The AOJ is asked to schedule this examination at the Minneapolis VAMC if feasible, and to work with the Veteran if she needs to reschedule the examination due to inclement weather. If it is possible to conduct the examination over the phone or via video-conferencing, offer this option to the Veteran. Nathaniel J. Doan Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board A. Gibson 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.