Citation Nr: 21042200
Decision Date: 07/12/21	Archive Date: 07/12/21

DOCKET NO. 16-18 669
DATE: July 12, 2021

REMANDED

Entitlement to a compensable rating for posttraumatic headaches is remanded.

Entitlement to a total disability rating based on individual unemployability (TDIU) due to service-connected disabilities is remanded.

REASONS FOR REMAND

The Veteran served active duty from November 1983 to April 1991.

An April 2020 Board decision, in pertinent part, granted a separate noncompensable rating for posttraumatic headaches and denied entitlement to a TDIU. The Veteran appealed the decision to the U.S. Court of Appeals for Veterans Claims (Court). In February 2021, the Court issued an order that partially vacated the April 2020 Board decision and remanded the matters on appeal for adjudication consistent with the Joint Motion for Partial Remand (JMPR) by the parties.

1. Entitlement to a compensable rating for posttraumatic headaches

2. Entitlement to a TDIU

The February 2021 JMPR found the Board erred in improperly considering the ameliorative effects of medication as to the severity of the Veteran's headaches. A December 2019 VA examination found no evidence of characteristic prostrating attacks of migraine or non-migraine pain. The examiner found the Veteran's headaches had no impact on his ability to work. However, the examiner noted the Veteran's headaches were less intense because of his daily caffeine pill intake. The Board finds a new examination is needed to determine the severity and functional impact of the Veteran's posttraumatic headaches without consideration of the ameliorative effects of medication and/or caffeine pills. See Jones v. Shinseki, 26 Vet. App. 56, 63 (2012).

In the February 2021 JMPR, the parties agreed the issue of TDIU was inextricably intertwined with the claim for a compensable rating for posttraumatic headaches. The Veteran should be provided notice concerning how to substantiate a claim for TDIU and an Application for Increased Compensation Based on Unemployability (VA Form 21-8940).

The matters are REMANDED for the following action:

1. Schedule the Veteran for an examination with an appropriate clinician for his posttraumatic headaches. The examiner should provide a full description of the disability and report all signs and symptoms necessary for evaluating the disability under the rating criteria. If possible, the examiner should discuss the severity and functional impact of the Veteran's headaches without consideration of the ameliorative effects of medication and/or caffeine pills. See Jones v. Shinseki, 26 Vet. App. 56, 63 (2012). If an opinion cannot be given without resorting to speculation, the examiner should explain whether the need to speculate is due to a deficiency in the state of general medical knowledge (no one could respond given medical science and the known facts), a deficiency in the record (additional facts are required), or the examiner (does not have the knowledge or training).

2. Provide appropriate notice to the Veteran concerning how to substantiate a claim for TDIU and an Application for Increased Compensation Based on Unemployability (VA Form 21-8940).

 

 

KELLI A. KORDICH

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	T. Winkler, 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.