Citation Nr: 19106930 Decision Date: 01/29/19 Archive Date: 01/29/19 DOCKET NO. 15-00 273 DATE: January 29, 2019 REMANDED Entitlement to a compensable initial rating for headaches is remanded. REASONS FOR REMAND The Veteran served on active duty from May 1997 to January 1998. He also served in the Reserve from August 1998 to January 1989. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from an August 2013 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO) in Providence, Rhode Island. In June 2018, the Veteran presented testimony at a videoconference Board hearing before the undersigned Veterans Law Judge. A transcript of that hearing is associated with the claims file. Entitlement to a compensable initial rating for headaches is remanded. VA’s duty to assist includes the conduct of a thorough and comprehensive medical examination. Robinette v. Brown, 8 Vet. App. 69, 76 (1995). This includes providing a new medical examination when a veteran asserts or provides evidence that a disability has worsened and the available evidence is too old for an adequate evaluation of the current condition. Weggenmann v. Brown, 5 Vet. App. 281, 284 (1993); see also Caffrey v. Brown, 6 Vet. App. 377, 381 (1994) (finding that VA should have ordered a contemporaneous examination of veteran because a 23-month old exam was too remote in time to adequately support the decision in an appeal for an increased rating). On his December 2014 substantive appeal, the Veteran reported that the frequency, duration, and intensity of his headaches have worsened since his last VA examination in 2013. During the June 2018 Board hearing, the Veteran testified that the symptoms of his headaches have increased such that they affect his ability to perform at work as a firefighter, as well as his daily living. Specifically, he stated he experiences headaches three to four times a week, and the pain keeps him from sleeping at night; he also missed work about 7 to 8 times in the previous 6 months. The Veteran is entitled to new VA examinations where there is evidence, including his statements, that his service-connected disability has worsened since the last examination. See Snuffer v. Gober, 10 Vet. App. 400, 403 (1997); Caffrey, 6 Vet. App. at 381. Accordingly, a more contemporaneous VA examination is required to provide a current picture of the Veteran’s service-connected headaches at issue on appeal. 38 C.F.R. §§ 3.326, 3.327 (2018). The matter is REMANDED for the following actions: 1. Obtain any outstanding VA treatment records for the Veteran and any associated outpatient clinics dated from August 2016 to the present. All records and/or responses received should be associated with the claims file. 2. Schedule the Veteran for the appropriate VA examination to determine the severity of his service-connected headaches. All indicated tests must be accomplished. The claims file must be made available to the examiner and the claims file must be reviewed in conjunction with the examination. The examiner must describe the Veteran’s migraine headaches in detail, and specifically note the character, frequency, and duration of the Veteran’s headaches, to include whether they are prostrating, prolonged, or productive of severe economic inadaptability. The examiner must provide a comprehensive report including a complete rationale for all opinions and conclusions reached, citing the objective medical findings leading to the conclusions. 3. Thereafter, readjudicate the Veteran’s claim on appeal. If the benefit on appeal remains denied, a supplemental statement of the case must be provided to the Veteran and his representative. After the Veteran and his representative have had an adequate opportunity to respond, the appeal must be returned to the Board for appellate review. L. CHU Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD M. J. In, Counsel