Citation Nr: 0811673 Decision Date: 04/09/08 Archive Date: 04/23/08 DOCKET NO. 05-28 840 ) DATE ) ) On appeal from the Department of Veterans Affairs Regional Office in Montgomery, Alabama THE ISSUES 1. Entitlement to an initial increased rating for a bipolar disorder with depression, currently evaluated as 30 percent disabling. 2. Entitlement to an initial increased rating for migraine headaches, currently evaluated as 30 percent disabling. REPRESENTATION Appellant represented by: Disabled American Veterans ATTORNEY FOR THE BOARD Theresa M. Catino, Counsel INTRODUCTION The veteran served on active military duty from September 1999 to September 2004. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a December 2004 rating action of the Department of Veterans Affairs Regional Office (RO) in Winston-Salem, North Carolina. In that decision, the RO, in relevant part, granted service connection for depression (10%, effective from September 2004) and for migraine headaches (0%, effective from September 2004). Due to the location of the veteran's residence, her claims folder was transferred to the RO in Montgomery, Alabama in January 2005. Thereafter, and specifically by a November 2007 rating action, the Montgomery RO awarded increased evaluations of 30 percent for each of the service-connected bipolar disorder with depression and the service-connected migraine headaches, effective from September 2004. This appeal is being REMANDED to the RO via the Appeals Management Center (AMC), in Washington, DC. VA will notify the veteran if further action is required. REMAND In the substantive appeal which was received at the RO in August 2005, the veteran stated that a private treating physician in Huntsville, Alabama prescribed medication for both her migraine headaches and depression. Further, at the February 2007 VA miscellaneous neurological disorders examination, the veteran reported having an appointment to see a neurologist the following month. A review of the claims folder indicates that no attempt has been made to procure records of pertinent treatment received by these doctors. A remand is, therefore, necessary to accord the AMC an opportunity to procure and to associate with the claims folder copies of any records of psychiatric and headache treatment that the veteran may have received from these physicians. Further, in the report of a VA mental disorders examination conducted in April 2007, the examiner noted that she had reviewed the veteran's medical records but that the veteran's claims folder was unavailable. In addition, the examiner who conducted the February 2007 VA miscellaneous neurological disorders examination did not indicate whether he had reviewed the veteran's claims folder, including the pertinent post-service medical records contained therein. In statements subsequently dated in February 2008 and March 2008, the veteran's representative asserted that the veteran's psychiatric and headache symptomatology warranted higher ratings. In light of these facts, the Board believes that, on remand, and following receipt of any records of additional post-service psychiatric and headache treatment that the veteran may have received, the AMC should accord the veteran the opportunity to undergo VA psychiatric and neurological examinations to determine the current nature and extent of her service-connected bipolar disorder with depression and her service-connected migraine headaches. Accordingly, this case is REMANDED for the following action: 1. After obtaining the appropriate release of information forms, the AMC should procure copies of records of psychiatric and headache treatment that the veteran has received from Dr. De Leon in Huntsville, Alabama and from Dr. Harris since her separation from service in September 2004. All such available records should be associated with the claims folder. 2. Thereafter, the veteran should be scheduled for a VA psychiatric examination to determine the current degree and severity of her service-connected bipolar disorder with depression. The claims folder must be made available to the examiner in conjunction with the examination. Any testing deemed necessary, if any, should be performed. All pertinent psychiatric pathology should be noted in the examination report. As part of the evaluation, the examiner is requested to assign a Global Assessment of Functioning score. 3. In addition, the veteran should be scheduled for a VA neurological examination to determine the current degree and severity of her service- connected migraine headaches. The claims folder must be made available to the examiner in conjunction with the examination. Any testing deemed necessary, if any, should be performed. All pertinent headache pathology should be noted in the examination report. In addition, the examiner should discuss the frequency of any completely prostrating and prolonged attacks and should express an opinion as to whether any such symptoms are productive of severe economic inadaptability. In addressing this matter, the examiner should elicit from the veteran information regarding the nature of her employment. 4. The AMC should then re-adjudicate the issues of entitlement to an initial disability rating greater than 30 percent for the service-connected bipolar disorder with depression and entitlement to an initial disability rating greater than 30 percent for the service-connected migraine headaches. If these decisions remain adverse to the veteran, she and her representative should be provided with a supplemental statement of the case (SSOC). The SSOC must contain notice of all relevant actions taken on the claim for benefits, to include the applicable law and regulations considered pertinent to the issues on appeal as well as a summary of the evidence of record. An appropriate period of time should be allowed for response. The veteran has the right to submit additional evidence and argument on the matters that the Board has remanded. Kutscherousky v. West, 12 Vet. App. 369 (1999). These claims must be afforded expeditious treatment. The law requires that all claims that are remanded by the Board or by the United States Court of Appeals for Veterans Claims (Court) for additional development or other appropriate action must be handled in an expeditious manner. See 38 U.S.C.A. §§ 5109B, 7112 (West Supp. 2007). _________________________________________________ THOMAS J. DANNAHER Veterans Law Judge, Board of Veterans' Appeals Under 38 U.S.C.A. § 7252 (West 2002), only a decision of the Board is appealable to the Court. This remand is in the nature of a preliminary order and does not constitute a decision of the Board on the merits of your appeal. 38 C.F.R. § 20.1100(b) (2007).