Citation Nr: 18159234
Decision Date: 12/18/18	Archive Date: 12/18/18

DOCKET NO. 12-04 068
DATE:	December 18, 2018
REMANDED
Entitlement to an initial rating in excess of 30 percent for migraine headaches is remanded.
REASONS FOR REMAND
The Veteran served on active duty from June 1990 to October 2010.  This matter comes before the Board of Veterans’ Appeals (Board) from a January 2011 rating decision, which granted service connection for recurrent headaches and assigned a noncompensable rating.  In September 2014, the Board remanded the appeal for additional development.  In a December 2015 rating decision, the agency of original jurisdiction (AOJ) increased the rating for recurrent headaches to 30 percent, effective February 23, 2015.  In a February 2016 rating decision, the AOJ assigned an earlier effective date of September 5, 2012 for the increased, 30 percent rating.  In a June 2017 decision, the Board granted a 30 percent rating, but no higher, for migraine headaches for the entire appeal period.  A June 2017 rating decision effectuated the Board’s decision, assigning a 30 percent rating for recurrent headaches, effective November 1, 2010.
The Veteran appealed the Board’s decision to the Court of Appeals for Veterans Claims (Court).  In an April 2018 Order, the Court vacated the part of the Board’s decision that denied entitlement to a rating in excess of 30 percent for migraine headaches and remanded the case to the Board for further proceedings consistent with a March 2018 Joint Motion for Partial Remand (Joint Motion).
Entitlement to an initial rating in excess of 30 percent for migraine headaches is remanded.
Following a May 2016 supplemental statement of the case (SSOC) addressing the migraine headache disability on appeal, additional, pertinent medical evidence was added to the claims file.  In November 2018, the Veteran indicated he wished to have his case remanded to allow the AOJ to consider the evidence in the first instance.  The AOJ also should arrange for an additional VA examination to determine the current severity of the Veteran’s migraine headaches.
The matter is REMANDED for the following action:
1. Schedule the Veteran for an examination by an appropriate clinician to determine the current severity of his service-connected migraine headache disability.  The examiner should provide a full description of the disability and report all signs and symptoms necessary for evaluating the Veteran’s disability under the rating criteria, including the frequency, severity, and duration of any characteristic prostrating attacks.  The examiner should describe the impact, if any, the headaches have on the Veteran’s occupational function.
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2. Thereafter, readjudicate the claim, considering all evidence received since the May 2016 SSOC.  If the benefit sought remains denied, provide an SSOC to the Veteran and his representative and provide an opportunity to respond before the case is returned to the Board.
 
K. Conner
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	L. Kirscher Strauss, Counsel