Citation Nr: 19123785
Decision Date: 04/02/19	Archive Date: 03/29/19

DOCKET NO. 17-44 624
DATE:	April 2, 2019

REMANDED

Entitlement to service connection for a psychiatric disability is remanded.

Entitlement to an initial compensable rating for migraine headaches is remanded.

REASONS FOR REMAND

The Veteran served on active duty from October 2013 to August 2016 in the United States Army.  

This matter comes before the Board of Veterans’ Appeals (Board) on appeal from an April 2017 rating decision issued by a Regional Office (RO) of the Department of Veterans Affairs (VA).  

In September 2017, the Veteran stated that because of excessive headaches, she was given a new prescription and had an appointment scheduled in October 2017.  Because the evidence suggests that her headache disability has worsened in severity, the Board finds that a remand is necessary for additional VA examination.  

Regarding the Veteran’s claimed psychiatric disability, a VA examination was conducted in March 2017.  At that time, the examiner indicated that the Veteran did not meet the criteria for a mental health diagnosis and her claim was denied because there was no evidence of a current disability.  Since then, the Veteran has stated that she suffers for anxiety every day and struggles to gain control and get through the day.  Therefore, the Board finds that a remand is necessary for an additional VA examination. 

Additionally, current treatment records should be identified and obtained before a decision is made with regard to the issues on appeal.

The matters are REMANDED for the following action:

1. Identify and obtain any pertinent, outstanding VA and private treatment records and associate them with the claims file.  This should include records pertaining to treatment for the Veteran’s headache disability in October 2017.

2. Then, schedule the Veteran for an appropriate VA examination to determine the current level of severity of all impairment resulting from her service-connected migraine headache disability.  All indicated tests should be performed and all findings should be reported in detail.  

3. Then, schedule the Veteran for a VA examination by an examiner with appropriate expertise to determine the nature and etiology of her claimed psychiatric disability. 

Based on the examination results and a review of the record, the examiner should identify any psychiatric disability that may be present.  The examiner should also provide an opinion as to whether it is at least as likely as not (50 percent probability or better) that any currently present psychiatric disability was incurred in or is otherwise related to the Veteran’s active service.  

In rendering this opinion, the examiner should address the Veteran’s treatment for adjustment disorder, depression, and suicidal ideation during service, and her complaints of anxiety since service.  

A rationale for all opinions expressed must be provided. 

4. Confirm that the VA examination reports and all opinions provided comport with this remand and undertake any other development found to be warranted.  

5. Then, readjudicate the issues on appeal.  If a decision is adverse to the Veteran, issue a supplemental statement of the case and allow appropriate time for response.  

 

Kristin Haddock

Veterans Law Judge

Board of Veterans’ Appeals

ATTORNEY FOR THE BOARD	S. Mishalanie, Counsel