Citation Nr: 18140658
Decision Date: 10/04/18	Archive Date: 10/03/18

DOCKET NO. 16-31 290
DATE:	October 4, 2018
REMANDED
Entitlement to a compensable initial rating for tension headaches is remanded.
Entitlement to a total disability rating due to individual unemployability is remanded.
REASONS FOR REMAND
The Veteran had active duty from September 1998 to November 1998.
1. Entitlement to a compensable initial rating for tension headaches is remanded.
2. Entitlement to a total disability rating due to individual unemployability is remanded.
Initially, the Board observes that after the May 2016 statement of the case (SOC), additional, relevant evidence has been associated with the claims file. Specifically, VA obtained outstanding VA medical treatment records, including from the Baltimore VA medical center (VAMC), where the Veteran received treatment from a neurologist for her tension headaches. VA law provides that a supplemental statement of the case (SSOC) must be furnished to the claimant when additional pertinent evidence is received after the most recent SSOC or SOC has been issued. 38 U.S.C. § 7105; 38 C.F.R. § 19.31 (2018). The Board recognizes that, although the Veteran’s substantive appeal was received after February 2, 2013, the automatic waiver provision does not apply because this additional evidence was obtained by VA and was not submitted by the Veteran. See Honoring America's Veterans and Caring for Camp Lejeune Families Act of 2012, Public Law No. 112-154, 126 Stat. 1165. This provision, however, only applies to evidence submitted by the Veteran. Therefore, the claims for an initial compensable rating for tension headaches and TDIU must be remanded to allow for AOJ consideration of the newly obtained evidence.
At the same time, the Board observes that, in May 2018, the Veteran’s representative requested a new VA examination since the last relevant one was conducted in January 2016. The Veteran and her representative have also indicated that since the January 2016 VA examination, the severity of the service-connected tension headache disability has increased in severity. Additionally, a review of the Veteran’s VA examination in January 2016 regarding her service-connected back, bilateral hip and bilateral knee disabilities, the examiner noted that the Veteran worked as a barber until September 2015 but stopped working due to headaches. None of VA examinations of record, however, address the impact of the Veteran’s service-connected tension headache on her employability. She should, therefore, be afforded another VA examination.
The matters are REMANDED for the following action:
1. Make arrangements to obtain the Veteran’s VA medical treatment records from March 2018 forward.
2. Thereafter, schedule the appropriate VA examination to assess the current level of the Veteran’s service-connected tension headaches. The entire claims file and a copy of this remand must be made available to the examiner for review.  All necessary tests should be performed. The appropriate Disability Benefits Questionnaire (DBQ) should be completed.
The examiner should also comment as to whether it is at least as likely as not (i.e., 50 percent or greater probability) that the Veteran’s service-connected disabilities (tension headaches, lumbar strain, bilateral knee disorders and bilateral hip disorders) preclude her from securing or following substantially gainful employment consistent with his education and occupational experience.
 
LESLEY A. REIN
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	N. Sangster, Counsel