Citation Nr: 21009713 Decision Date: 02/23/21 Archive Date: 02/23/21 DOCKET NO. 17-30 431 DATE: February 23, 2021 REMANDED Entitlement to a compensable rating for a seizure disorder with vasovagal syncope for the period prior to February 8, 2016, is remanded. Entitlement to a compensable rating for headaches is remanded. Entitlement to a total disability rating based on individual unemployability due to service-connected disabilities (TDIU) is remanded. REASONS FOR REMAND The Veteran served on active duty from July 1973 to July 1976 and again from October 1987 to January 2005. In March 2019 the Board of Veterans' Appeals (Board) denied claims of increased rating for a seizure disorder with vasovagal syncope for the period before and after to February 8, 2016, and; for headaches. The Veteran appealed the decision to the United States Court of Appeals for Veterans Claims (Court). In a February 2020 Order, the Court vacated that portion of the Board decision that denied the claims for increased rating for the seizure disorder for the period before February 8, 2016, and increased rating for headaches. The issues were remanded the issue for readjudication consistent with the terms of the JMPR. The parties to the JMPR agreed that the characterization of the particular appeal periods was unclear. As such, the Board has characterized the issues on appeal as listed above. During the period on appeal, in a Veteran’s Application for Increased Compensation Based on Unemployability, VA Form 21-8940, received in January 2021, the Veteran submitted a indicating that he was unemployable due to his service-connected disabilities, including seizure disorder and headaches. As such, a claim for TDIU has been raised by the record and is part of the increased ratings on appeal. See Rice v. Shinseki, 22 Vet. App. 447 (2009). Therefore, the issue has been included above. Additional relevant evidence has been associated with the record since the Statement of the Case. As the issues are being remanded for additional development, the claim will be readjudicated by the Agency of Original Jurisdiction. See 38 C.F.R. §§ 19.31, 19.37. 1. Entitlement to a compensable rating for a seizure disorder with vasovagal syncope for the period prior to February 8, 2016, is remanded. 2. Entitlement to a compensable rating for headaches is remanded. 3. Entitlement to a TDIU is remanded. A VA treatment record dated in December 2020 noted the Veteran received primary care treatment “at Madigan” and that Madigan and VA were different entities. It does not appear that treatment records from Madigan have been obtained. The claims are remanded to obtain complete treatment records from Madigan. In the VA Form 21-8940 the Veteran identified treatment by Dr. G. at Joint Base Lewis McChord. In February 2021, a request was sent for records dated from January 2016 to February 2021. To date there has not been a response to the request for the records and it is unclear whether the request was received or acted upon by Joint Base Lewis McChord. On remand, additional attempts to be made to obtain complete records regarding the Veteran. The Veteran receives consistent care from VA. On remand, attempt to obtain and associate with the claims file all VA treatment records regarding the Veteran dated since December 2020. The Veteran has been afforded VA medical examinations regarding the severity of his headache disability. These examinations have noted that the Veteran’s disability does not cause severe economic inadaptability. However, no rationale for these determinations is provided. In addition, the examiner in February 2021 noted that headaches impact the Veteran’s ability to work. Therefore, an addendum opinion is needed to discuss the rationale for the finding that the headaches do not cause severe economic inadaptability se findings. Finally, because a decision on the issues of entitlement to higher evaluations could significantly impact a decision on the issue of entitlement to a TDIU, the issues are inextricably intertwined. A remand of the claim for entitlement to TDIU is required. The matters are REMANDED for the following action: 1. Obtain the Veteran’s VA treatment records for the period from December 2020 to the present. 2. Ask the Veteran to complete a VA Form 21-4142 for all private providers, including Madigan and Dr. G. at Joint Base Lewis McChord. Make two requests for the authorized records from all identified private providers, including Madigan and Dr. G. at Joint Base Lewis McChord, unless it is clear after the first request that a second request would be futile. 3. After completing the above, forward copies of all pertinent records to a VA clinician to obtain an addendum opinion regarding whether the Veteran’s headache disability is productive of economic inadaptability during the period on appeal. The examiner should specifically comment on the relevant treatment records and VA examination reports. A complete rationale must be provided for all opinions. 4. Review the record, including all newly obtained evidence, and arrange for any further development suggested (e.g. a contemporaneous examination to assess the current severity and that consider complete treatment records of the claimed disabilities). M.E. LARKIN Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board Robert J. Burriesci, 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.