Citation Nr: 18160093 Decision Date: 12/21/18 Archive Date: 12/21/18 DOCKET NO. 17-11 039 DATE: December 21, 2018 ORDER An initial 50 percent evaluation for migraine headaches for the period prior to February 11, 2015, is granted. FINDING OF FACT Prior to February 11, 2015, the evidence of record demonstrates that the Veteran’s migraine headaches were more closely approximate to very frequent completely prostrating and prolonged attacks productive of severe economic inadaptability. CONCLUSION OF LAW The criteria for an initial 50 percent evaluation for migraine headaches for the period prior to February 11, 2015, are met. 38 U.S.C. §§ 1155, 5107; 38 C.F.R. §§ 4.1, 4.2, 4.3, 4.7, 4.10, 4.124a, Diagnostic Code 8100.   REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from June 1990 to June 2014. This appeal to the Board of Veterans’ Appeals (Board) arose from a June 2015 decision in which the RO, inter alia, granted service connection for migraine headaches and assigned an initial noncompensable (0 percent) rating, effective July 1, 2014. The Veteran filed a notice of disagreement (NOD) with the assigned rating in July 2015. A statement of the case (SOC) was issued in January 2017, and the Veteran filed a substantive appeal (via a VA Form 9, Appeal to the Board of Veterans’ Appeals) in February 2017. During the pendency of the appeal, a December 2015 rating decision assigned a 50 percent for migraine headaches, effective July 27, 2015. A January 2017 rating decision assigned the Veteran’s 50 percent rating for migraines headaches to an earlier date, effective February 11, 2015. As a 50 percent evaluation is the highest possible evaluation under 38 C.F.R. § 4.124a, Diagnostic Code 8100, the Board has recharacterized the issue on appeal in order to comport with the award of benefits in this case. Disability ratings are determined by applying the criteria set forth in the VA’s Schedule for Rating Disabilities, which is based on the average impairment of earning capacity. Individual disabilities are assigned separate diagnostic codes. 38 U.S.C. § 1155; 38 C.F.R. § 4.1. The basis of disability evaluations is the ability of the body as a whole, or of the psyche, or of a system or organ of the body to function under the ordinary conditions of daily life including employment. 38 C.F.R. § 4.10. In determining the severity of a disability, the Board is required to consider the potential application of various other provisions of the regulations governing VA benefits, whether or not they were raised by the Veteran, as well as the entire history of the Veteran’s disability. 38 C.F.R. §§ 4.1, 4.2; Schafrath v. Derwinski, 1 Vet. App. 589, 595 (1991). If the disability more closely approximates the criteria for the higher of two ratings, the higher rating will be assigned; otherwise, the lower rating is assigned. 38 C.F.R. § 4.7. It is not expected that all cases will show all the findings specified; however, findings sufficiently characteristic to identify the disease and the disability therefrom and coordination of rating with impairment of function will be expected in all instances. 38 C.F.R. § 4.21. In deciding this appeal, the Board has considered whether separate ratings for different periods of time, based on the facts found, are warranted, a practice of assigning ratings referred to as “staging the ratings.” See Fenderson v. West, 12 Vet. App. 119 (1999); Hart v. Mansfield, 21 Vet. App. 505 (2008). The Veteran filed his claim for service connection for migraine headaches prior to his discharge from military service; the Veteran has been assigned a noncompensable evaluation for his migraine headaches for the period of July 1, 2014—the date following his discharge from service—through February 10, 2015, when he has been assigned a 50 percent evaluation for his migraine headaches, as noted above. His evaluation has been assigned under Diagnostic Code 8100. Under Diagnostic Code 8100, migraine headaches with less frequent attacks than the criteria for a 10 percent rating are rated as noncompensable (0 percent). Migraine headaches with characteristic prostrating attacks averaging one in 2 months over the last several months are rated 10 percent disabling. Migraine headaches with characteristic prostrating attacks occurring on an average once a month over last several months are rated 30 percent disabling. Migraine headaches with very frequent completely prostrating and prolonged attacks productive of severe economic inadaptability are rated 50 percent disabling. See 38 C.F.R. § 4.124a, Diagnostic Code 8100. On a May 2014 VA Disability Benefits Questionnaire (DBQ) for headaches, including migraine headaches, the examiner noted that the Veteran’s symptoms include constant head pain that is not pulsating or throbbing. The examiner also noted that the Veteran does not experience non-headache symptoms associated with headaches, such as nausea, vomiting, sensitivity to light, sensitivity to sound, changes in vision, or sensory changes. The examiner also noted that the Veteran’s migraine does not have characteristics of prostrating attacks of pain. In a December 2013 private treatment record, which was not available at the time of the May 2014 VA DBQ for headaches, the private physician noted that in September 2011, the Veteran had headaches on average of four days a week, each lasting five hours, and ranging in severity from 4-5 out of 10 to 10 out of 10 for pain. The physician also noted that overtime, the Veteran’s headaches have worsened in that he experienced headaches six days a week. The physician documented the Veteran’s report that on three or four days a week, the Veteran experienced migraines with throbbing pain, light and noise sensitivity, nausea and vomiting. The physician also documented the Veteran’s report that when the migraine builds rapidly, he treats himself with injectable medication and lays down. The Board finally reflects that the Veteran underwent an August 2015 VA examination, on which his assigned 50 percent evaluation as of February 11, 2015, is based; that examiner described migraine headaches that are substantially similar to those described in the December 2013 private treatment record. Consequently, by resolving reasonable doubt in the Veteran’s favor, the Board finds that the December 2013 treatment record and August 2015 VA examination report are more closely approximate to the disability picture associated with his migraine headache disability throughout the appeal period. Accordingly, the Board finds that the Veteran’s migraine headaches are more closely approximate to very frequent completely prostrating and prolonged attacks productive of severe economic inadaptability throughout the appeal period prior to February 11, 2015. Such is commensurate to a 50 percent evaluation throughout that period, which is the highest possible evaluation assignable for migraine headaches in this case; this decision therefore is a full award of benefits sought on appeal. See 38 C.F.R. §§ 4.7, 4.124a, Diagnostic Code 8100; AB v. Brown, 6 Vet. App. 35, 38 (1993). In so reaching the above conclusion, the Board has appropriately applied the benefit of the doubt doctrine in this case. See 38 U.S.C. § 5107(b); 38 C.F.R. § 3.102. MARTIN B. PETERS Acting Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD Hammad Rasul, Associate Counsel