Citation Nr: 22012136
Decision Date: 03/02/22	Archive Date: 03/02/22

DOCKET NO. 19-23 217
+DATE: March 2, 2022

ISSUES

1. Entitlement to a disability rating in excess of 70 percent for generalized anxiety disorder.

2. Entitlement to a disability rating in excess of 30 percent for headaches.

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

REMANDED

Entitlement to a disability rating in excess of 70 percent for generalized anxiety disorder is remanded.

Entitlement to a disability rating in excess of 30 percent for headaches is remanded.

Entitlement to a TDIU is remanded.

REASONS FOR REMAND

The Veteran served on active duty from May 1969 to February 1973.

This case comes to the Board of Veterans' Appeals (Board) on appeal from rating decisions of a Department of Veterans Affairs (VA) Regional Office (RO). 

The Veteran testified before the undersigned during an October 2021 travel Board hearing. A copy of the transcript is of record. During this hearing, the record was held open for 90 days; the Veteran subsequently submitted additional private treatment records.  The Board has accepted this additional evidence for inclusion into the record on appeal.  See 38 C.F.R. § 20.800.

The Veteran was last afforded VA examinations for his generalized anxiety disorder and headaches in July and August 2018. The Veteran subsequently testified before the undersigned as to his symptoms to include lack of social interaction, memory problems, lack of personal hygiene, his headaches causing anger, and having headaches two or three days a week. As such, the Board finds that remand is warranted to assess the current severity of the service-connected generalized anxiety disorder and headaches. See Allday v. Brown, 7 Vet. App. 517, 526 (1995).

Finally, the issue of entitlement to a TDIU is inextricably intertwined with the issues contained within this remand, and the Board defers ruling on this matter. See Harris v. Derwinski, 1 Vet. App. 180 (1991) (two issues are "inextricably intertwined" when they are so closely tied together that a final Board decision cannot be rendered unless both are adjudicated).

The matters are REMANDED for the following action:

1. Arrange for the Veteran to be afforded a VA examination in order to ascertain the current severity of the service-connected generalized anxiety disorder.  

The claims file must be reviewed by the examiner, and any indicated studies should be performed.  All appropriate diagnostics should be accomplished and all clinical findings should be reported in detail. Ensure that the examiner provides all information required for rating purposes, to include a discussion of the functional and occupational impact of the generalized anxiety disorder.

2. Arrange for the Veteran to be afforded a VA examination in order to ascertain the current severity of the service-connected headaches.  

The claims file must be reviewed by the examiner, and any indicated studies should be performed.  All appropriate diagnostics should be accomplished and all clinical findings should be reported in detail. Ensure that the examiner provides all information required for rating purposes, to include a discussion of the functional and occupational impact of the headaches.

3. After completing the requested actions, and any additional notification and/or development deemed warranted, readjudicate the claims on appeal.  If any benefit sought on appeal remains denied, furnish the Veteran and his representative with an appropriate supplemental statement of the case and afford a reasonable opportunity for response.

 

 

MICHAEL A. PAPPAS

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	R.M.K., 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.