Case A26040195

Summary

The veteran, who served from June 1988 to December 1991, appeals the denial of entitlement to Total Disability based on Individual Unemployability (TDIU) and Special Monthly Compensation (SMC) based on statutory housebound status. The veteran contends he is entitled to TDIU due to his service-connected migraines, which he states prevent him from functioning day-to-day in a work environment. The Board considered a January 2020 VA examination, a February 2025 Board hearing transcript, and a February 2025 private examination. The VA examiner noted that the Veteran's headaches impacted his ability to focus on occupational tasks and interact professionally. The Veteran testified that his migraines caused unpredictable symptoms like loss of balance, numbness, and dizzy spells, interfering with job responsibilities. The private examiner also noted the migraines' impact on work, describing unpredictable severe symptoms requiring rest. The Board found the Veteran unable to secure or follow substantially gainful employment due to his migraines, granting TDIU. The Board also granted SMC based on statutory housebound status, as the TDIU finding based on a single disability satisfies the criteria for a 100% rating, and the veteran has additional service-connected disabilities independently ratable at 60% or more. The SMC grant is effective from the AOJ's TDIU effective date.

Rationale

Migraine disability impacts ability to secure/follow substantially gainful occupation; Unpredictable onset of severe symptoms requires rest; Symptoms interfere with job responsibilities and ability to focus

Full Decision Text

Citation Nr: A26040195
Decision Date: 04/29/26	Archive Date: 04/29/26

DOCKET NO. 210707-170368
DATE: April 29, 2026

ORDER

Entitlement to a total disability rating based on individual unemployability (TDIU) is granted.

Entitlement to special monthly compensation (SMC) based on statutory housebound is granted.

FINDINGS OF FACT

1. The evidence establishes that the Veteran is unable to secure and follow substantially gainful employment due to his service-connected migraines alone.

2. For SMC purposes, the Veteran has a total disability rating based on a single disability and additional service-connected disabilities independently ratable at 60 percent or more. 

CONCLUSIONS OF LAW

1. The criteria for entitlement to a TDIU have been met. 38 U.S.C. § 1155, 5107; 38 C.F.R. §§, 3.340, 3.341, 4.16.

2. The criteria for entitlement to SMC based on statutory housebound status have been met. 38 U.S.C. § 1114(s), 1155; 38 C.F.R. § 3.350(i).

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty from June 1988 to December 1991. 

This matter comes before the Board of Veterans' Appeals (Board) on appeal from a July 2020 rating decision issued by a Department of Veterans Affairs (VA) Regional Office, which is the Agency of Original Jurisdiction (AOJ).

In the July 2021 VA Form 10182, Decision Review Request: Board Appeal (Notice of Disagreement), the Veteran elected the Hearing docket. A Board hearing was held in February 2025. A transcript of the hearing is of record. 

Therefore, the Board may only consider the evidence of record at the time of the July 2020 AOJ decision on appeal, as well as any evidence submitted by the Veteran or his representative at the hearing or within 90 days following the hearing. 38 C.F.R. § 20.302(a). Evidence submitted either (1) during the period after the AOJ issued the decision on appeal and prior to the Board hearing, or (2) more than 90 days following the hearing, was not considered by the Board in its decision. 38 C.F.R. §§ 20.300, 20.302(a), 20.801. Here, evidence was not submitted during a period the Board could not consider. Nonetheless, specific instructions for filing a Supplemental Claim are included with this decision. 

1. Entitlement to a TDIU.

The Veteran contends that he is entitled to a TDIU because he was forced to retire at the earliest possible date due to symptoms associated with his service-connected disabilities. See e.g., February 2020 VA Form 21-8940. 

A TDIU may be assigned, where the schedular rating is less than total, where a veteran is unable to secure or follow a substantially gainful occupation as a result of service-connected disabilities.  38 C.F.R. § 4.16(a).  

The phrase "unable to secure and follow a substantially gainful occupation" contains both economic and noneconomic components. See Ray v. Wilkie, 31 Vet. App. 58, 73 (2019). The economic component refers to an occupation earning more than marginal income (outside of a protected environment) as determined by the U.S. Department of Commerce as the poverty threshold for one person. Id. The noneconomic component requires a determination as to a veteran's ability to secure and follow such employment. Id. Attention should be given to the veteran's history, education, skills, and training; whether the veteran has the physical ability (both exertional and nonexertional) to perform the types of activities required by the occupation at issue (e.g., lifting, bending, sitting, standing, walking, climbing, as well as auditory and visual limitations); and whether the veteran has the mental ability to perform the activities required by the occupation at issue (e.g., memory, concentration, ability to adapt to change, handle work place stress, get along with coworkers, and demonstrate reliability and productivity). Id.

An award of TDIU is an individualized determination, specific to a veteran's particular circumstances, e.g., their history, education, skills, and training. See Todd v. McDonald, 27 Vet. App. 79, 85 (2014). It does not require a showing of 100 percent unemployability. Roberson v. Principi, 251 F.3d 1378, 1385 (Fed. Cir. 2001
 and visual limitations); and whether the veteran has the mental ability to perform the activities required by the occupation at issue (e.g., memory, concentration, ability to adapt to change, handle work place stress, get along with coworkers, and demonstrate reliability and productivity). Id.

An award of TDIU is an individualized determination, specific to a veteran's particular circumstances, e.g., their history, education, skills, and training. See Todd v. McDonald, 27 Vet. App. 79, 85 (2014). It does not require a showing of 100 percent unemployability. Roberson v. Principi, 251 F.3d 1378, 1385 (Fed. Cir. 2001). The ultimate question is whether the veteran is capable of performing the physical and mental acts required by employment, not whether they can find employment. Van Hoose v. Brown, 4 Vet. App. 361, 363 (1993).

The Veteran completed two years of college education. He was employed from 1995 to 2019 with the Federal Bureau of Prisons. See February 2020 VA Form 21-8940. He was employed as the Chief of Intelligence at the DC headquarters. His job duties entailed overseeing training for criminal investigative offices; and tracking, monitoring, and interfering with terrorist organizations and criminal gangs. His job also required him to brief committees and testify in court against gangs and other criminal organizations. See February 2025 Board Hearing Transcript. 

In a January 2020 VA examination, the examiner noted that the Veteran's headaches impacted his ability to work. The examiner described functional impact as, "Headaches with loss of vision, numbness, loss of balance, speech difficulty limit ability to focus on occupational tasks and limit ability to interact with others in a professional setting."

In a February 2025 Board hearing, the Veteran testified that his migraines prevented him from functioning day to day in a work environment. He testified that he experienced daily episodes of loss of balance; foggy thoughts; numbness to face, lips, tongue, and extremities; and dizzy spells. He testified that his migraine symptoms interfered with his ability to complete his job responsibilities. 

In February 2025 the Veteran submitted a private examination for his migraine disability. The private examiner noted that the Veteran's migraine disability impacted his ability to work. The private examiner noted that the Veteran's migraines were unpredictable with sudden onset of severe symptoms that required him to lie down in a quiet room. 

Based on the above, the Board finds that the Veteran's service-connected migraine disability impacts his ability to secure or follow a substantially gainful occupation. The Veteran's migraine disability would impact his ability to perform any time of employment due to the unpredictable and sudden onset of symptoms. His symptoms of loss of balance, loss of vision, numbness of extremities, and dizzy spells would impact his ability to complete work in a physical setting. Further, the impact of his migraine disability on his concentration, focus, and speech would impact his ability to interact with others and complete tasks in an office-type setting. 

Although the Veteran's other service-connected disabilities may have some impact on his ability to work, the Board finds that the evidence of record indicates that the Veteran is unable to maintain gainful employment due solely to his service-connected migraine disability. 

Accordingly, entitlement to a TDIU based solely on the Veteran's service-connected migraine disability is warranted. The claim is granted. 

2. Entitlement to SMC based on statutory housebound status.

Entitlement to SMC based on statutory housebound status will be granted when a veteran has a single service-connected disability rated as 100 percent and has additional service-connected disability or disabilities independently ratable at 60 percent, separate and distinct from the 100 percent service-connected disability and involving different anatomical segments or bodily systems. 38 U.S.C. § 1114(s); 38 C.F.R. § 3.350 (i). 

A TDIU based on a single disability satisfies the "rated as total" element of section 1114(s).  Buie v. Shinseki, 24 Vet. App. 242 (2011). The finding of a TDIU is based on a single service-connected disability (migraines), and the Veteran has additional service-connected disabilities independently ratable at 60 percent. Therefore, the Veteran satisfies the criteria for SMC based on statutory housebound status. Accordingly, entitlement to SMC at the housebound rate is granted from the effective date of the TDIU assigned by the AOJ.  

 

D. Martz Ames

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	A. Dennis, 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
 24 Vet. App. 242 (2011). The finding of a TDIU is based on a single service-connected disability (migraines), and the Veteran has additional service-connected disabilities independently ratable at 60 percent. Therefore, the Veteran satisfies the criteria for SMC based on statutory housebound status. Accordingly, entitlement to SMC at the housebound rate is granted from the effective date of the TDIU assigned by the AOJ.  

 

D. Martz Ames

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	A. Dennis, 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.