Citation Nr: 23026558 Decision Date: 05/06/23 Archive Date: 05/06/23 DOCKET NO. 19-23 217 DATE: May 6, 2023 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) prior to June 25, 2018. 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 prior to June 25, 2018, 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. When this case was previously before the Board in March 2022, it was remanded for additional evidentiary development. It has since been returned to the Board for further appellate action. Subsequently, in an April 2022 rating decision, entitlement to a TDIU was granted, effective June 25, 2018. While the issue of a TDIU from that date has been rendered moot, a TDIU prior to that date remains an issue on appeal. The Board notes that in July 2022, the Veteran's representative submitted a statement indicating his desire to withdraw from representation of the Veteran. The representative did not provide any reasons for the withdrawal. In order to withdraw from representation after certification to the Board, a representative must submit a written motion to withdraw showing good cause for the withdrawal. The motion must be filed with the Board. 38 C.F.R. § 20.6. The Veteran's representative has not submitted any motion to withdraw to the Board that complies with the requirements of 38 C.F.R. § 20.6. As such, he remains the Veteran's duly appointed representative at this time. The Board finds that additional evidentiary development is required before adjudication of the claim. 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 found that remand was 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). In response to the Board's remand, examinations were scheduled for the Veteran; however, it was noted that the Veteran refused the examinations. In June 2022 the Veteran submitted correspondence, stating that the examinations were too far to travel without a restroom. The Veteran stated that he had difficulty going anywhere due to the need to have a bathroom close to him as he had serious urinary issues without warning. The Veteran requested a video tele-health examination. As such, the Board finds that good cause for failing to report for his examinations has been shown. The Veteran is hereby notified that it is his responsibility to report for the scheduled video tele-health examinations and to cooperate in the development of the claims. In the event that the Veteran does not report for the scheduled examination, documentation must be obtained to show that notice scheduling the examination was sent to his most recent mailing address of record. It must also be indicated whether any notice that was sent was returned as undeliverable. Finally, the issue of entitlement to a TDIU prior to June 25, 2018, 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 video tele-health 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. 2. Arrange for the Veteran to be afforded a VA video tele-health 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. 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 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.