Citation Nr: 18140177
Decision Date: 10/02/18	Archive Date: 10/02/18

DOCKET NO. 16-38 694
DATE:	October 2, 2018
REMANDED
The appeal for entitlement to a rating in excess of 30 percent for migraine headaches is remanded.
REASONS FOR REMAND
The Veteran had active duty service from October 1992 to July 2000.  This matter comes to the Board on appeal from a June 2015 rating decision.  After VA received a notice of disagreement in October 2015, VA issued a Statement of the Case in this appeal in January 2016.  
Since January 2016, there have been at least five sets of VA treatment records added to the claims file.  A preliminary review of these records shows that they include treatment for the Veteran’s service connected migraine headaches that is dated after January 2016.  The Regional Office (RO) has not yet had the opportunity to consider these records in the context of his appeal. 
The Veteran was contacted by letter in September 2018 and asked whether he wished to waive his right to an initial review of the additional evidence by the RO.  In a September 21, 2018 reply, he declined to waive initial review and requested that his appeal be returned to the RO for an initial review of the evidence.  
 
Therefore, the matter is REMANDED for the following action:
Readjudicate the claim for a rating in excess of 
30 percent for migraine headaches.  If the benefit sought is not granted to the Veteran’s satisfaction, send the Veteran and his representative a Supplemental Statement of the Case and provide an opportunity to respond.  
 If necessary, return the case to the Board for further appellate review.
 
Paul Sorisio
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	J. L. Prichard, Counsel