POSTTRAUMATIC STRESS DISORDER (PTSD)

THOMAS L. ENGLISH · 2026 · Case ID: A26038085

MIXED

Summary

The veteran, who served from July 1968 to July 1970, appeals the denial of an increased rating for tinnitus and an earlier effective date for TDIU and Dependents' Educational Assistance (DEA). The Board granted an initial 100-percent evaluation for PTSD, finding the veteran's symptoms, including gross impairment in thought processes, grossly inappropriate behavior, and intermittent inability to perform daily living activities, met the criteria for total occupational and social impairment. The Board also granted a 50-percent evaluation for migraine headaches, finding the evidence in equipoise regarding very frequent, completely prostrating, and prolonged attacks productive of severe economic inadaptability, resolving doubt in the veteran's favor. The claim for an increased rating for tinnitus was denied, as the veteran was already assigned the maximum 10-percent schedular rating and no basis for a higher rating or extraschedular consideration was presented. An earlier effective date for migraine headaches was granted to June 8, 2021, based on an intent to file. The TDIU claim for an earlier effective date prior to May 21, 2022, was denied as the veteran did not meet the percentage criteria. The TDIU claim for an earlier effective date from May 21, 2022, was dismissed as moot because the veteran was already receiving a 100-percent rating for PTSD and special monthly compensation (SMC) under 38 U.S.C. § 1114(s). An earlier effective date for DEA was denied as it was linked to the moot TDIU claim.

Rationale

Symptoms met criteria for 100% rating; Evidence reflects total occupational and social impairment; Evidence is evenly balanced, resolving doubt in veteran's favor

Special Benefit

SMC - HOUSEBOUND; TDIU

Diagnostic Code

9411

Docket No.

251120-621090

Full Decision Text

Citation Nr: A26038085
Decision Date: 04/23/26 Archive Date: 04/23/26

DOCKET NO. 251120-621090
DATE: April 23, 2026

ORDER

An initial 100-percent evaluation for a posttraumatic stress disorder (PTSD) is granted.

An initial 50-percent evaluation for migraine headaches is granted.

An evaluation higher than 10 percent for tinnitus is denied.

From June 8, 2021, an earlier effective date for migraine headaches is granted.

From May 21, 2022, an earlier effective date for the grant of a total disability rating based upon individual unemployability (TDIU) is dismissed.

Prior to May 21, 2022, an earlier effective date for TDIU is denied.

From May 21, 2022, an earlier effective date for a special monthly compensation based on the housebound criteria is granted.

An effective date earlier than May 21, 2022, for the grant of eligibility for Dependents' Educational Assistance (DEA) under 38 U.S.C. Chapter 35 is denied.

FINDINGS OF FACT

1. From May 21, 2022, the severity, frequency, and duration of the Veteran's service-connected psychiatric symptoms more closely approximate total occupational and social impairment.

2. From June 8, 2021, the Veteran's migraine headaches have been productive of very frequent completely prostrating and prolonged attacks productive of severe economic inadaptability.

3. The 10-percent rating currently in effect for the Veteran's service-connected tinnitus disability is the maximum schedular rating.

4. The Veteran's April 23, 2022, submission of a VA 21-526EZ, application for disability compensation and related compensation benefits, is construed as a supplemental claim.

5. VA received the Veteran's intent to file on June 8, 2021.

6. From May 21, 2022, the Veteran is in receipt of a 100-percent schedular disability rating for his service-connected PTSD as well as an SMC under 38 U.S.C. 1114 (s).

7. Prior to May 21, 2022, the Veteran did not have one disability rated 60 percent or more or at least one disability rated at 40 percent or more and sufficient additional disability to bring the combined rating to 70 percent or more.

8. From May 21, 2022, the Veteran's PTSD is independently rated as 100-percent disabling, and his other service-connected disabilities are independently rated as 60 percent or more.

9. The Veteran's claim for DEA is linked to his award of a TDIU, which was not changed to an effective date earlier than May 21, 2022.

CONCLUSIONS OF LAW

1. From May 21, 2022, the criteria for entitlement to a disability rating of 100 percent for the service-connected PTSD have been met. 38 U.S.C. §§ 1155, 5107; 38 C.F.R. §§ 4.126, 4.130 Diagnostic Code (DC) 9411.

2. From June 8, 2021, and resolving reasonable doubt in the Veteran's favor, the criteria for an initial evaluation of 50 percent for migraine headaches have been met. 38 U.S.C. § 1155; 38 C.F.R. §§ 4.3, 4.7, 4.124a, DC 8100.

3. There is no legal basis for the assignment of a schedular evaluation higher than 10 percent for tinnitus. 38 U.S.C. § 1155; 38 C.F.R. § 4.87, DC 6260; Smith v. Nicholson, 451 F.3d 1344 (Fed. Cir. 2006).

4. The criteria for an effective date of June 8, 2021, but no earlier, for the service connection for migraine headaches have been met. 38 U.S.C. § 5110; 38 C.F.R. § 3.400.

5. From May 21, 2022, the issue of a TDIU is dismissed as moot. 38 U.S.C. §§ 1155, 5107; 38 C.F.R. §§ 3.102, 3.340, 3.341, 4.15, 4.16.

6. Prior to May 21, 2022, the criteria for an effective date for the grant of a TDIU are not met. 38 U.S.C. §§ 1155, 5107; 38 C.F.R. § 4.16.

.C. § 5110; 38 C.F.R. § 3.400.

5. From May 21, 2022, the issue of a TDIU is dismissed as moot. 38 U.S.C. §§ 1155, 5107; 38 C.F.R. §§ 3.102, 3.340, 3.341, 4.15, 4.16.

6. Prior to May 21, 2022, the criteria for an effective date for the grant of a TDIU are not met. 38 U.S.C. §§ 1155, 5107; 38 C.F.R. § 4.16.

7. From May 21, 2022, the criteria for an SMC under 38 U.S.C. § 1114 (s) are met. 38 U.S.C. § 1114 (s); 5107; 38 C.F.R. § 3.102, 3.350.

8. The criteria for entitlement to an earlier effective date for the award of eligibility to DEA have not been met. 38 U.S.C. Chapter 35. 38 U.S.C. §§ 3500, 3501, 3510, 5113; 38 C.F.R. §§ 3.807(a), 21.3020, 21.3021.

REASONS AND BASES FOR FINDINGS AND CONCLUSIONS

The Veteran had active-duty service from July 1968 to July 1970.

These matters come before the Board of Veterans' Appeals (Board) on appeal from August 2025 and September 2025 rating decisions of a Department of Veterans Affairs (VA) Regional Office (RO).

The Veteran timely appealed these decisions to the Board in a November 2025 Notice of Disagreement (VA Form 10182) and requested a direct review by a Veterans Law Judge. Since the Veteran chose direct review, the Board, in adjudicating these matters, may consider evidence associated with the record through the August 2025 and September 2025 rating decisions on appeal.

Increased Ratings

Disability evaluations are determined by the application of the facts presented to VA's Schedule for Rating Disabilities (Rating Schedule) at 38 C.F.R. Part 4. The percentage ratings contained in the Rating Schedule represent, as far as can be practicably determined, the average impairment in earning capacity resulting from diseases and injuries incurred or aggravated during military service and the residual conditions in civilian occupations. 38 U.S.C. § 1155; 38 C.F.R. §§ 3.321 (a), 4.1.

Where entitlement to compensation has already been established and an increase in the disability rating is at issue, the present level of disability is of primary importance. Francisco v. Brown, 7 Vet. App. 55, 58 (1994). Nevertheless, the Board acknowledges a claimant may experience multiple distinct degrees of disability that might result in different levels of compensation from the time the increased rating claim was filed until a final decision is made. Hart v. Mansfield, 21 Vet. App. 505 (2007). The analysis in the following decision is therefore undertaken with consideration of the possibility that different ratings may be warranted for different time periods.

Any reasonable doubt regarding the degree of disability should be resolved in favor of the claimant. 38 C.F.R. § 4.3. Where there is a question as to which of two evaluations shall be applied, the higher rating will be assigned if the disability picture more nearly approximates the criteria required for that evaluation. Otherwise, the lower rating will be assigned. 38 C.F.R. § 4.7. A claim will be denied if the evidence persuasively weighs against the claim. 38 U.S.C. § 5107; 38 C.F.R. § 3.102; see Lynch v. McDonough, 21 F.4th 776 (Fed. Cir. 2021) (en banc) (only when the evidence persuasively favors one side or another is the benefit of the doubt doctrine not for application).

1. An initial 100-percent evaluation for PTSD is granted.

VA received the Veteran's application for service connection for PTSD on April 7, 2023. See April 2023 VA 21-526EZ, Fully Developed Claim. VA received the Veteran's intent to file on May 21, 2022. A November 2024 rating decision granted service connection for PTSD with an evaluation of 70 percent effective May 21, 2022, which is the date VA received the Veteran's intent to file, under DC 941
Fed. Cir. 2021) (en banc) (only when the evidence persuasively favors one side or another is the benefit of the doubt doctrine not for application).

1. An initial 100-percent evaluation for PTSD is granted.

Like most mental health disorders, PTSD is evaluated under the General Rating Formula for Mental Disorders (General Rating Formula), which assigns ratings based on particular symptoms and the resulting functional impairment. See 38 C.F.R. § 4.130, DC 9411.

Under the General Rating Formula, a 70-percent disability rating requires:

Occupational and social impairment, with deficiencies in most areas, such as work, school, family relations, judgment, thinking, or mood, due to such symptoms as: suicidal ideation; obsessional rituals which interfere with routine activities; speech intermittently illogical, obscure, or irrelevant; near-continuous panic or depression affecting the ability to function independently, appropriately and effectively; impaired impulse control (such as unprovoked irritability with periods of violence); spatial disorientation; neglect of personal appearance and hygiene; difficulty in adapting to stressful circumstances (including work or a work-like setting; inability to establish and maintain effective relationships.). Id.

A 100-percent disability rating requires:

Total occupational and social impairment, due to such symptoms as: gross impairment in thought processes or communication; persistent delusions or hallucinations; grossly inappropriate behavior; persistent danger of hurting self or others; intermittent inability to perform activities of daily living (including maintenance of minimal personal hygiene); disorientation to time or place; memory loss for names of close relatives, own occupation, or own name. Id.

The symptoms associated with each evaluation under the General Rating Formula do not constitute an exhaustive list but rather serve as examples of the type and degree of the symptoms, or their effects, that would justify a particular rating. See Mauerhan v. Principi, 16 Vet. App. 436, 442 (2002). Thus, the evidence considered in determining the appropriate evaluation of a psychiatric disorder is not restricted to the symptoms set forth in the General Rating Formula. See id. Rather, VA must consider all symptoms of a claimant's condition affecting their occupational and social impairment, including, if applicable, those identified in the American Psychiatric Association's Diagnostic and Statistical Manual for Mental Disorders (4th ed. 1994) (DSM-IV) or the Fifth Edition of the American Psychiatric Association's Diagnostic and Statistical Manual for Mental Disorders (DSM-V).

If the evidence demonstrates the claimant's psychiatric disorder produces symptoms and resulting occupational and social impairment equivalent to that set forth in the criteria for a given rating in the General Rating Formula, then the appropriate, equivalent rating will be assigned. Mauerhan, 16 Vet. App. at 443. In this regard, the Board must consider the frequency, severity, and duration of psychiatric symptoms, the length of remissions, and the Veteran's capacity for adjustment during periods of remission. 38 C.F.R. § 4.126; Vazquez-Claudio v. Shinseki, 713 F.3d 112, 117 (Fed. Cir. 2013).

Accordingly, there are two elements that must be met to assign a particular rating under the General Rating Formula: (1) symptoms equivalent in severity, frequency, and duration to the symptoms corresponding to a given rating and (2) a level of occupational and social impairment corresponding to that rating that results from those symptoms. See Vazquez-Claudio, 713 F.3d at 118.

While VA considers the level of social impairment, it shall not assign an evaluation based solely on social impairment. 38 C.F.R. § 4.126.

Since the only higher evaluation available is 100 percent, the Board will largely focus on the evidence that underscores the severity, frequency, and duration of the Veteran's psychiatric symptoms that more closely approximate total occupational and social impairment.

Turning to the evidence of record, VA received an examination report in August 2023. The examiner found the Veteran's occupational and social impairment to consist of reduced reliability and productivity. The examiner notes the Veteran's PTSD consists of a persistent negative emotional state (e.g., fear, horror, anger, guilt, or shame), irritable behavior and angry outbursts (with little or no provocation) typically expressed as verbal or physical aggression toward people or objects, an exaggerated startle response, and psychomotor impairment. The examiner also notes symptoms include a depressed mood; anxiety; chronic sleep impairment; disturbances of motivation and mood; a difficulty in establishing and maintaining effective work and social relationships; a difficulty adapting to stressful circumstances, including work or a work-like setting; and an inability to establish and maintain effective relationships.

VA received another examination report in August 2024. The examiner found the Veteran's occupational and social impairment to consist of deficiencies in most areas, such as work, school, family relations, judgment, thinking, and/or mood. As to his relevant social, marital, and family history, the Veteran reported being estranged from one sister; though, he speaks with his other siblings. He also reported being separated from his wife for 20 years because his wife found living with the Veteran to be difficult. The Veteran indicated he has a son, but he cannot connect with him. He reported having no friends, and he isolates from others. He indicated he does not leave his home. Specific symptom endorsements include self-blame for the incident, intrusive memories, nightmares, avoidance of crowded areas, an inability to recall key features of his trauma, anxiety, depression, isolation from others, a decreased interest in activities, irritability, hypervigilance, and difficulties with sleep. The examiner also notes symptoms include a depressed mood; anxiety; suspiciousness; chronic sleep impairment; disturbances of motivation and mood; a difficulty in establishing and maintaining effective work and social relationships; and an inability to establish and maintain effective relationships.

Finally, a VA examination was received in July 2025. The examiner found the Veteran's occupational and social impairment to consist of deficiencies in most areas, such as work, school, family relations, judgment, thinking, and/or mood. The Veteran reported he prefers to be alone, stating he had moved into his apartment in December and has only left three times. He stated he has a housekeeper who shops for him as he cannot deal with people. He further stated he has exhibited episodes of an impaired impulse control and has had to be restrained from attacking another person. He stated he avoids social situations due to his issues with controlling his temper.

The examiner notes the Veteran's symptoms include a depressed mood; anxiety; suspiciousness; panic attacks that occur weekly or less often; chronic sleep impairment; mild memory loss, such as forgetting names, directions or recent events; disturbances of motivation and mood; a difficulty in establishing and maintaining effective work and social relationships; a difficulty adapting to stressful circumstances, including work or a work-like setting; an inability to establish and maintain effective relationships; an impaired impulse control, such as unprovoked irritability with periods of violence; a neglect of personal appearance and hygiene; and an intermittent inability to perform the activities of daily living, including maintenance of minimal personal hygiene.

The Board finds the above evidence reflects the Veteran experiences total occupational and social impairment. For the entire appeal period, he has exhibited symptoms that are listed in the criteria for a 100-percent rating that include gross impairment in thought processes or communication (i.e., psychomotor impairment), grossly inappropriate behavior (i.e., angry outbursts (with little or no provocation) typically expressed as verbal or physical aggression towards people or objects), and an intermittent inability to perform activities of daily living (including maintenance of minimal personal hygiene). The Veteran has also reported having no friends, and he isolates from others because he rarely leaves his home. Such evidence reflects psychiatric symptoms that more closely approximate total occupational and social impairment.

Accordingly, for the foregoing reasons, the evidence is evenly balanced as to whether the impairment caused by the Veteran's service-connected PTSD reflects total occupational and social impairment for the entire appeal period. Thus, entitlement to an initial 100-percent rating is warranted. 38 U.S.C. § 5107 (b); 38 C.F.R. § 4.3.

2. An initial 50-percent evaluation for migraine headaches is granted.

Currently, the Veteran is in receipt
activities of daily living (including maintenance of minimal personal hygiene). The Veteran has also reported having no friends, and he isolates from others because he rarely leaves his home. Such evidence reflects psychiatric symptoms that more closely approximate total occupational and social impairment.

2. An initial 50-percent evaluation for migraine headaches is granted.

Currently, the Veteran is in receipt of a 30-percent evaluation from May 22, 2023, to April 16, 2025, and a 50-percent evaluation from April 17, 2025, forward. See September 2025 Rating Decision - Codesheet. For the reasons set forth below, the Board finds his migraine headache disability is better represented by an initial 50-percent evaluation.

Migraine headaches are rated pursuant to 38 C.F.R. § 4.124a, DC 8100. Under DC 8100, the Board must consider all the symptoms the Veteran experiences during a headache attack and rate those symptoms based on the frequency, duration, severity, and economic impact of the attacks. See 38 C.F.R. § 4.124a, DC 8100; Holmes v. Wilkie, 33 Vet. App. 67 (2020). The rating criteria of DC 8100 are successive, meaning the Veteran cannot fulfill the criteria of the higher rating without fulfilling those of the next lower rating. Johnson v. Wilkie, 30 Vet. App. 245, 252 (2018). Because of this, 38 C.F.R. §§ 4.7 and 4.21 do not apply. Id.

Under DC 8100, a noncompensable rating is warranted for migraines with less frequent attacks than the next higher rating. A 10-percent rating is warranted for migraines with characteristic prostrating attacks averaging one in two months over the last several months. A 30-percent rating is warranted for migraines with characteristic prostrating attacks occurring on an average once a month over the last several months. The schedular maximum, a 50-percent rating, is warranted for very frequent completely prostrating attacks and prolonged attacks productive of severe economic adaptability. 38 C.F.R. § 4.124a, DC 8100.

The rating criteria for a 50-percent rating contains several undefined phrases. The descriptive phrase "very frequent" connotes a frequency of at least greater than once a month, as is required by the rating criteria corresponding to a lesser 30-percent rating. Johnson, 30 Vet. App. at 253. The phrase "completely prostrating" generally means the migraines attack must render the veteran entirely powerless. Id. The completely prostrating attacks must also be "prolonged," which is defined as "to lengthen in time: extend duration: draw out: continue, protract." Id. (internal citation omitted). Lastly, the 50-percent rating criteria requires the very frequent completely prostrating and prolonged attacks be "productive of severe economic inadaptability." Productive can be read as having either the meaning of "producing" or "capable of producing," and, with regard to severe economic inadaptability, nothing in DC 8100 requires the claimant be completely unable to work in order to qualify for a 50-percent rating. Pierce v. Principi, 18 Vet. App. 440, 445-46 (2004). When evaluating migraines under DC 8100, VA must consider all symptoms experienced due to migraine attacks and then rate the symptoms based on the frequency, duration, severity, and economic impact of those attacks. Holmes v Wilkie, 33 Vet. App. 67 (2020).

Turning to the evidence, a May 2022 headache examination report is of record. At that examination, the Veteran reported four to nine headaches monthly that last two to 16 hours. The Veteran's headache pain was indicated by the examiner to consist of pain on both sides of the head, pain that worsens with physical activity, and pressure headaches. Non-headache symptoms were found to include nausea, photophobia, phonophobia, and numbness of the cheeks. The Veteran was found not to have prostrating attacks of headache pain. The examiner found the Veteran's headaches did not consist of very prostrating and prolonged attacks of headache pain productive of severe economic in
33 Vet. App. 67 (2020).

VA also received a headache examination report in August 2024. The Veteran's headache pain was found to consist of bilateral sharp headaches, once to twice weekly, and associated with sensitivity to the light and sound. Headache pain symptoms were found to include pulsating or throbbing head pain, pain on both sides of the head, and pain that worsens with physical activity. Non-headache symptoms were found to include photophobia and phonophobia. The Veteran was found to have prostrating attacks of headache pain greater than once monthly. The examiner found the Veteran's headaches did not consist of completely prostrating and prolonged attacks of migraines or non-migraine pain. For functional impact, the examiner notes the Veteran cannot stand and needs to lay down in a dark, quiet room during migraine attacks.

Finally, VA received an examination report in July 2025. The Veteran reported symptoms that are characterized by a constant pressure-type pain that affects the left side of his head, which is accompanied by nausea, sensitivity to light, and sensitivity to sound. He reported his migraines occur three to four times weekly and can last several hours at a time, and he usually has to lie down in a dark, quiet room until the pain subsides. He indicated having had to call out from work because of his head pain.

The examiner notes the Veteran's headache pain consists of constant head pain and pain localized to one side of the head. Non-headache symptoms were found to include nausea, photophobia, and phonophobia. The Veteran was found not to have completely prostrating attacks over the last several months greater than once monthly. The examiner notes functional impacts consist of pain that is severe enough to require the Veteran to lie down in a quiet room. Thus, depending on the severity and timing of his headaches, he may not be able to function to a full degree.

The Board observes the Veteran is competent to testify to symptoms he experiences, including the severity, frequency, and duration of his headaches. Jandreau v. Nicholson, 492 F.3d 1372 (Fed. Cir. 2007).

Considering all the evidence on record, including the Veteran's lay testimony regarding the frequency and severity of his migraines, the Board finds, for the entire period on appeal, his migraines have been productive of very frequent completely prostrating and prolonged attacks productive of severe economic inadaptability. Regarding this, the Board acknowledges the May 2022 VA examiner found the Veteran did not have characteristic prostrating attacks of headache pain or headaches that did not consist of very prostrating and prolonged attacks of headache pain productive of severe economic inadaptability. However, the Board finds the evidence of record is at least in relative equipoise as to whether the Veteran's service-connected headache disability more closely approximates a headache disability exhibiting very prostrating and prolonged attacks of headache pain productive of severe economic inadaptability for the entire period on appeal.

Regarding this, the May 2022 VA examiner also notes functional impacts consist of needing break time at work during severe headaches and needing time off from work during severe headaches. Further, the August 2024 VA examiner notes, for functional impact, the Veteran cannot stand and must lay down in a dark, quiet room during these attacks. That examiner also documents migraines that occur three to four times weekly that can last up to several hours at a time.

The Board notes completely prostrating attacks must also be "prolonged," which is defined as "to lengthen in time: extend duration: draw out: continue, protract." Johnson, 30 Vet. App. at 253 (internal citation omitted). In this case, the medical evidence indicates the Veteran would need to remove himself from noise and light in order to avoid headache-related symptoms, i.e., lie down in a dark room. In this case, the VA examination reports document photophobia and phonophobia. The August 2024 examination report also
, quiet room during these attacks. That examiner also documents migraines that occur three to four times weekly that can last up to several hours at a time.

The Board notes completely prostrating attacks must also be "prolonged," which is defined as "to lengthen in time: extend duration: draw out: continue, protract." Johnson, 30 Vet. App. at 253 (internal citation omitted). In this case, the medical evidence indicates the Veteran would need to remove himself from noise and light in order to avoid headache-related symptoms, i.e., lie down in a dark room. In this case, the VA examination reports document photophobia and phonophobia. The August 2024 examination report also note the Veteran needs to lay down or his headaches become worse. With respect to the Veteran's symptoms, the Board notes this would indicate he would essentially be unable to function, would have to lie down, and would be unable to work or conduct normal activities.

Accordingly, resolving all doubt in favor of the Veteran, the Board finds an initial 50-percent rating for the entire period on appeal is warranted as the evidence is at least in equipoise whether the Veteran experiences characteristic prostrating attacks at least monthly, if not more frequently, that are productive of severe economic adaptability. A 50-percent rating, but not higher, is granted for migraine headaches. Gilbert v. Derwinski, 1 Vet. App. 49, 55 (1990); 38 C.F.R. § 4.124a, DC 8100.

3. An evaluation higher than 10 percent for tinnitus is denied.

In this matter, the Veteran was granted service connection for tinnitus in a November 2017 rating decision, and he was assigned a 10-percent rating from June 23, 2017, the day VA received his VA 21-526EZ, Fully Developed Claim. He seeks a higher evaluation. See November 2025 VA Form 10182 Notice of Disagreement. However, for the reasons set forth below, the Board finds an evaluation higher than 10 percent is unwarranted under the pertinent diagnostic criteria.

Tinnitus is "a noise in the ear, such as ringing, buzzing, roaring, or clicking." See Dorland's Illustrated Medical Dictionary 1956 (31st ed. 2007). In November 2017, the Veteran reported recurrent, bilateral, "high-pitched ringing" tinnitus.

The Veteran is currently assigned the maximum 10-percent rating for his tinnitus under 38 C.F.R. § 4.87, DC 6260. His tinnitus symptoms are inherently addressed by the 10-percent rating assigned under DC 6260. The Veteran has not put forth an argument for why a higher rating is warranted, nor has a basis for a higher rating been otherwise raised by the record. There has been no assertion that an extraschedular rating is warranted, and no other bases for an extraschedular rating have been reasonably raised by the record. Therefore, the claim is denied. See Doucette v. Shulkin, 28 Vet. App. 366 (2017) (confirming, the Board is not required to address issues unless they are specifically raised by the claimant or reasonably raised by the evidence of record).

The Veteran's service-connected tinnitus has been assigned the maximum schedular rating available for tinnitus. 38 C.F.R. § 4.87, DC 6260. As there is no legal basis upon which to award a higher schedular evaluation for tinnitus or separate schedular evaluations for tinnitus in each ear, the Veteran's appeal must be denied. Sabonis v. Brown, 6 Vet. App. 426 (1994).

Effective Dates

Generally, the effective date for the grant of a benefit will be the day following separation from active service or the date entitlement arose if the claim is received within one year after discharge from service. 38 C.F.R. § 3.400. Otherwise, for an award based on an original claim, a claim reopened after a final disallowance, or claim for an increased rating, the effective date is the date of receipt of the claim or the date entitlement arose, whichever is later. 38 U.S.C. § 5110 (a); 38 C.F.R. § 3.400.

1. From June 8, 2021, an earlier effective date for migraine headaches is granted.

The Veteran contends he is entitled to an earlier effective date for service connection of his migraine headaches. His service-connected migraine headaches has been assigned a date of May 22, 2023, for service connection, which is the date VA received an intent to file. See September
award based on an original claim, a claim reopened after a final disallowance, or claim for an increased rating, the effective date is the date of receipt of the claim or the date entitlement arose, whichever is later. 38 U.S.C. § 5110 (a); 38 C.F.R. § 3.400.

1. From June 8, 2021, an earlier effective date for migraine headaches is granted.

The Veteran contends he is entitled to an earlier effective date for service connection of his migraine headaches. His service-connected migraine headaches has been assigned a date of May 22, 2023, for service connection, which is the date VA received an intent to file. See September 2025 Rating Decision - Codesheet. Specifically, he argues the effective date should be May 21, 2022. See November 2025 VA Form 10182 Notice of Disagreement. However, a June 2021 Notification Letter indicates VA received an intent to file on June 8, 2021, which is within one year of an April 23, 2022, VA 21-526EZ, fully developed claim form.

In general, the effective date of an award of service connection is the day following separation from active service or the date entitlement arose, if the claim is received within one year after separation from service. Otherwise, the effective date is the date of receipt of the claim, or the date entitlement arose, whichever is later. See 38 U.S.C. § 5110 (b); 38 C.F.R. § 3.400 (b). Under the Appeals Modernization Act (AMA), the effective date for a continuously pursued claim shall be the date of receipt of the initial claim or date entitlement arose, whichever is later, if the claimant continuously pursued the issue by timely filing any of the available review options. 38 C.F.R. § 3.2500 (c) and (h).

The Veteran submitted his initial claim for migraines in May 1971, and a January 1972 rating decision denied service connection for headaches. The January 1972 rating decision became final because the Veteran did not submit an notice of disagreement within one year of receiving notice of the decision and his appellate rights by way of a January 10, 1972, agency of jurisdiction correspondence. Additionally, no new and material evidence was received within the remainder of the appeal period. Thus, the January 1972 rating decision became final. 38 U.S.C. § 7105 (c); Bond v. Shinseki, 659 F.3d 1362 (Fed. Cir. 2011); 38 C.F.R. §§ 3.104, 3.156, 20.302, 20.1103.

The Veteran then submitted a claim for migraines on April 23, 2022, on a VA 21-526EZ, fully developed claim form. On May 10, 2023, the RO notified the Veteran that he had utilized the incorrect form and needed to submit his claim on a supplemental claim form, instead. The Veteran submitted his supplemental claim application on February 27, 2024.

In light of the decision of the Court of Appeals for Veterans Claims (Court) in Chisholm v. Collins that a supplemental claim need not necessarily be submitted on a VA Form 20-0995, the Board has construed the April 23, 2022, fully developed claim form as a supplemental claim. Chisholm v. Collins, 38 Vet. App. 140 (2025).

Accordingly, the Board finds an earlier effective date of June 8, 2021, but no earlier, is granted.

2. From May 21, 2022, an earlier effective date for the grant of a TDIU is dismissed.

Total disability ratings for compensation may be assigned, where the schedular rating is less than total, when the disabled person is, in the judgment of the rating agency, unable to secure or follow a substantially gainful occupation as a result of service-connected disabilities provided that, if there is only one such disability, this disability shall be ratable at 60 percent or more, and that, if there are two or more disabilities, there shall be at least one disability ratable at 40 percent or more, and sufficient additional disability to bring the combined rating to 70 percent or more. 38 C.F.R. § 4.16 (a).

The Board has jurisdiction where there is a question of law or fact necessary to a decision by the Secretary of VA under a law that affects the provision of benefits administered by VA. 38 U.S.C. § 7105 (d)(5).

The United
secure or follow a substantially gainful occupation as a result of service-connected disabilities provided that, if there is only one such disability, this disability shall be ratable at 60 percent or more, and that, if there are two or more disabilities, there shall be at least one disability ratable at 40 percent or more, and sufficient additional disability to bring the combined rating to 70 percent or more. 38 C.F.R. § 4.16 (a).

The United States Court of Appeals for Veterans Claims (Court) has recognized a 100-percent rating under the Schedule for Rating Disabilities means a Veteran is totally disabled. Holland v. Brown, 6 Vet. App. 443, 446 (1994), citing Swan v. Derwinski, 1 Vet. App. 20, 22 (1990). Thus, if VA has found a Veteran to be totally disabled as a result of a particular service-connected disability or combination of disabilities pursuant to the rating schedule, there is no need, and no authority, to otherwise rate that Veteran totally disabled on any other basis. See Herlehy v. Principi, 15 Vet. App. 33, 35 (2001) (finding a request for TDIU moot where 100-percent schedular rating was awarded for the same period).

However, a grant of a 100-percent disability does not always render the issue of TDIU moot. VA's duty to maximize a claimant's benefits includes consideration of whether his disabilities establish entitlement to an SMC pursuant to 38 U.S.C. §1114 (s). See Buie v. Shinseki, 24 Vet. App. 242, 250 (2011). That statute provides for additional compensation if the Veteran is in receipt of a 100-percent rating and has additional disability ratable at 60 percent or higher. The Court held in Buie and Bradley a 100-percent schedular rating does not render TDIU moot if the TDIU is predicated on one service-connected disability, and as such, would assist the Veteran in obtaining SMC pursuant to 38 U.S.C. §1114 (s).

In this case, as a result of this decision, the Veteran is now in receipt of a 100-percent disability rating for his service-connected psychiatric condition as well as an SMC pursuant to 38 U.S.C. § 1114 (s) for the period on appeal, i.e., from May 21, 2022, forward. As such, a grant of a TDIU would not warrant entitlement to an SMC or any other additional compensation. Accordingly, the Veteran is already in receipt of the maximum rating for the period on appeal. In other words, an award of a TDIU would not assist the Veteran in obtaining SMC pursuant to 38 U.S.C. § 1114 (s). Since the Veteran's benefits would not be maximized by an award of a TDIU for the period on appeal from May 21, 2022, forward, the issue is moot.

3. Prior to May 21, 2022, an earlier effective date for TDIU is denied.

As indicated above, the Veteran meets the schedular criteria effective May 21, 2022, which is the assigned date of the TDIU. Here, even considering the earlier effective date grant of his service-connected migraine headaches in this decision, prior to May 21, 2022, the Veteran did not have one disability rated 60 percent or more or at least one disability rated at 40 percent or more and sufficient additional disability to bring the combined rating to 70 percent or more. See also September 2025 Rating Decision - Codesheet. As such, he does not meet the percentage standards set forth in § 4.16 (a). Therefore, entitlement to an earlier effective date than May 21, 2022, for TDIU is denied.

4. From May 21, 2022, an earlier effective date for a special monthly compensation based on the housebound criteria is granted.

Considering the Board's decision herein, the Veteran is now in receipt of a 100-percent disability rating from May 21, 2022, for his service-connected psychiatric disability, and his other disabilities are independently ratable at 60 percent or more during the entire period on appeal. See September 2025 Codesheet. Accordingly, the Board finds based on the decision herein, the criteria for an SMC under 38 U.S
4.16 (a). Therefore, entitlement to an earlier effective date than May 21, 2022, for TDIU is denied.

4. From May 21, 2022, an earlier effective date for a special monthly compensation based on the housebound criteria is granted.

5. An effective date earlier than May 21, 2022, for the grant of eligibility for DEA under 38 U.S.C. Chapter 35 is denied.

Survivors' and DEA (under Chapter 35, Title 38 of the United States Code) are a program of education or special restorative training that may be authorized for an eligible person, such as a child, if the applicable criteria are met. 38 U.S.C. §§ 3500, 3501, 3510; 38 C.F.R. §§ 21.3020, 21.3021.

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Basic eligibility for certification of DEA exists if a veteran was discharged from service under conditions other than dishonorable, or died in service, and either (1) has a permanent total service-connected disability; (2) a permanent total service-connected disability was in existence at the date of the veteran's death; (3) died as a result of a service-connected disability; or (4) if a service member is on active duty as a member of the Armed Forces and, for a period of more than 90 days, has been listed by VA as missing in action, captured in line of duty by a hostile force, or forcibly detained or interned in the line of duty by a foreign government or power. 38 C.F.R. § 3.807(a).

Thus, the grant of DEA depends on the Veteran being in receipt of a permanent, total service-connected disability linking the DEA claim to his TDIU claim addressed above. As the Veteran's TDIU claim for an earlier effective date was dismissed, the earliest effective date for DEA remains May 21, 2022, (the date the Veteran submitted a claim for a TDIU). 38 U.S.C. § 3500, 3510, 5113; 38 C.F.R. § 3.807 (a). Therefore, this claim must be denied.

Thomas L. English

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board Buck Denton

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.

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