Citation Nr: 18159498
Decision Date: 12/20/18	Archive Date: 12/19/18

DOCKET NO. 16-20 591
DATE:	December 20, 2018

REMANDED
Entitlement to a rating in excess of 50 percent for migraine headaches is remanded.
REASONS FOR REMAND
The Veteran served on active duty from September 1990 to August 2012.
This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a December 2015 rating decision by a Department of Veterans Affairs (VA) Regional Office (RO) in Houston, Texas.
1. Entitlement to a rating in excess of 50 percent for migraine headaches
Generally, the Board may not consider additional evidence not previously reviewed by the agency of original jurisdiction (AOJ) unless a waiver of initial AOJ review is obtained from the Veteran.  38 U.S.C. § 7105(e); 38 C.F.R. § 20.1304 (c).
In October 2018 correspondence, the Veteran was notified by the Board that additional, pertinent evidence had been received since the last adjudication of his case in April 2016, by way of a statement of the case (SOC).  The Veteran was offered the opportunity to have the RO review this evidence in the first instance, and in a response received the following month, the Veteran indicated that he wanted the RO to review the additional evidence in the first instance.
Although the Board observes that the Veteran is in receipt of the maximum schedular rating for his service-connected migraine headaches throughout the entire appeal period, and cannot receive a higher schedular rating as a matter of law, the appeal is remanded for the issuance of a supplemental statement of the case in accordance with his request.
The matter is REMANDED for the following action:
Issue a supplemental statement of the case that reflects consideration of any additional, pertinent evidence since the April 2016 SOC and return the appeal to the Board as appropriate.
 
D. JOHNSON
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	D. Lauritzen, Associate Counsel