BVA Case 23-6142: Ptsd

For the reasons that follow,the Court will vacate the part of the Board's decision that denied an initial disability rating higher than 30%for headaches and failed to consider a total disability rating based on individual unemployability (TDIU),and the Court will remand the matter for further proceedings consistent with this decision.

The examiner diagnosedtension headaches;the examiner opined that these headaches were at least as likely as not related to service,noting that in service the veteran had been diagnosed with tension headaches with pain that occurred where he experienced pain during his present headaches,and that tension headaches can be chronic.

The parties agreed that the Board failed to explain the probative value of the appellant's lay testimony concerning headaches which caus ed him to lay down and call off work and did not make clear what criteria the Board used to determine whether the appellant's headaches manifested in characteristic prostrating attacks or very frequent completely prostrating and prolonged attacks.

The parties agreed that the Board erred when it discussed the ameliorating effects of CPAP treatment on the appellant's headaches.

The parties also agreed that the Board failed to adequately explain why the appellant's headaches were not productive of severe economic inadaptability because the Board relied in large part on the fact that he was still employed,but unemployability is not required to show severe 3 Case:23-6142 Page: 4 of 11 Filed:03/21/2025 economic inadaptability.

April 2022 Board Decision and March 2023 JMPR In an April 2022 decision,the Board denied a disability rating higher than 10%for headaches.

August 2023 Board Decision In the decision on appeal,the Board found that the veteran's headaches manifested in at least one prostratingattack per month,warrantinga 30%initial disability rating.

But the Board noted that to warrant a 50%rating,headache attacks must be very frequent,completely prostrating,prolonged, and productive of severe economic inadaptability.