Citation Nr: 18154979
Decision Date: 12/04/18	Archive Date: 12/03/18

DOCKET NO. 98-16 418
DATE:	December 4, 2018
REMANDED
Entitlement to a total disability rating based on individual unemployability (TDIU) prior to September 27, 2012 is remanded.
Entitlement to a rating in excess of 50 percent for migraine headaches, on an extra-schedular basis, is remanded. 
REASONS FOR REMAND
The Veteran served on active duty from November 1965 to November 1967.
This matter comes to the Board of Veterans’ Appeals (Board) from a June 2015 rating decision from a Department of Veterans Affairs (VA) Regional Office (RO).
Entitlement to TDIU due to service connected migraine headaches prior to September 27, 2012 and an increased rating for migraine headaches is remanded.
The agency of original jurisdiction (AOJ) granted service connection for migraine headaches and assigned an initial rating of 30 percent, effective February 10, 1997, in a June 2015 rating decision.  This rating decision implemented the grant of service connection for migraine headaches by the Board in its April 2015 decision.
The Veteran filed a timely notice of disagreement (NOD) in October 2015 as to the rating assigned for his migraine headaches.  An August 2017 rating decision then assigned a 50 percent rating for migraine headaches, effective February 10, 1997.  However, the AOJ has not yet issued a statement of the case (SOC) in this matter.  The Board must therefore remand the claim for such issuance.  38 C.F.R. § 19.9(c) (2017); see Manlincon v. West, 12 Vet. App. 238 (1999).
The Board also finds that the issue of entitlement to TDIU is inextricably intertwined with the claim seeking an increased rating for migraine headaches. Harris v. Derwinski, 1 Vet. App. 180 (1991). Service connection is currently in effect for migraine headaches. The Veteran has asserted that his migraine headache symptoms impact his ability to work.  Thus, adjudication of the TDIU claim must also be deferred pending resolution of the increased rating claim.
Accordingly, the case is REMANDED for the following action:
1. The RO should issue a statement of the case to the Veteran, with a copy to his attorney, addressing the Veteran's claim for an initial rating in excess of 50 percent for migraine headaches on an extra-schedular basis. The Veteran is advised that a timely substantive appeal will be necessary to perfect an appeal to the Board concerning the extra-schedular rating assigned to the migraine headaches. 38 C.F.R. § 20.302(b). If an appeal is perfected in this matter, the issue of a rating in excess of 50 percent for service-connected migraine headaches on an extra-schedular basis should be returned to the Board, if otherwise in order.
2. After directive one is completed and either the Veteran has perfected the appeal for an initial rating in excess of 50 percent migraine headaches on an extra-schedular basis or the time allowed for him to perfect the appeal has elapsed, the issue of entitlement to TDIU should be returned to the Board for further consideration.
 
KRISTY L. ZADORA
Acting Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	A. Pierce, Associate Counsel