Citation Nr: 18152793
Decision Date: 11/27/18	Archive Date: 11/26/18

DOCKET NO. 16-58 215
DATE:	November 27, 2018
REMANDED
Entitlement to an initial compensable evaluation for migraine headaches is remanded.
REASONS FOR REMAND
The Veteran had active service from May 2005 to April 2015.
1. Entitlement to an initial compensable evaluation for migraine headaches is remanded.
The Veteran had a VA examination in March 2016 at which it was noted that he took Maxalt for his headaches, which caused improvement within an hour and complete resolution within 24 hours, if taken soon after onset.  He also took Excedrin for rescue pain relief.  The Veteran would lie down in a dark, quiet room and put a cold washcloth on his forehead when he had a headache.  In the past year, he had taken three days of sick leave from his job for a programmable lighting control company due to migraine headaches.  The job requires walking and travel.
The symptoms reported at the examination were constant head pain, pulsating or throbbing head pain, pain on both sides of the head, pain that worsened with physical activity, and sensitivity to light and sound.  The duration was typically less than a day.  The examiner felt that the Veteran had characteristic prostrating attacks of migraine headaches with frequency less than one in two months over the last several months.  There were not prostrating and prolonged attacks of migraines/non-migraines productive of severe economic inadaptability.
The Veteran indicated in a November 2016 statement that he had had a headache every two months over a six-month period.  Migraine headaches with characteristic prostrating attacks averaging one in 2 months over the last several months are rated 10 percent disabling.  See 38 C.F.R. § 4.124a, Diagnostic Code 8100.  It is not clear from the March 2016 examination report whether the Veteran reported to the examiner the frequency of his headaches and how the examiner differentiated headaches with prostrating attacks from those without.  Therefore, the Veteran must be scheduled for a new examination before the claim can be decided on the merits.
In November 2016 the Veteran wrote that he receives treatment through VA.  These records have not been obtained.  The RO should obtain all VA treatment records while the claim is in remand status.  Bell v. Derwinski, 2 Vet. App. 611 (1992).
The matter is REMANDED for the following action:
1. Obtain the Veteran’s complete VA treatment records.
2. Schedule the Veteran for an examination by an appropriate clinician to determine the current severity of his service-connected migraine headaches.  The entire claims file must be made available to and reviewed by the examiner.  All appropriate tests and studies should be conducted and the results reported.
The examiner must note the frequency with which the Veteran reports having headaches.  Should the examiner determine that all of the headaches are not characteristic prostrating attacks, a rationale must be provided as to why.
The VA examiner must address the extent of functional and industrial impairment due to the Veteran’s service-connected migraine headaches, and furnish a full description of the effects of the service-connected disability upon the Veteran’s ordinary activity, including employment.  All opinions must be supported by a complete rationale.
 
Michael J. Skaltsounis
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	Scott Shoreman, Counsel