Citation Nr: 19154262
Decision Date: 07/12/19	Archive Date: 07/12/19

DOCKET NO. 13-00 895
DATE:	July 12, 2019

REMANDED

Entitlement to an initial rating in excess of 30 percent for mixed headaches is remanded. 

REASONS FOR REMAND

The Veteran served on active duty in the United States Marine Corps (USMC) from March 1987 to May 1994. 

This matter comes to the Board of Veterans’ Appeals (Board) on appeal from an October 2010 rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO).  

In August 2016, the Board issued a decision denying an initial rating in excess of 30 percent for mixed headaches.  The Veteran appealed that decision to the United States Court of Appeals for Veterans Claims (Court).  In a September 2018 Decision, the Court vacated and remanded the case to the Board for action consistent with that decision.  See Johnson v. Wilkie, 30 Vet. App. 245 (2018). 

The Board finds that additional development is required before the claim on appeal is decided.



Increased Rating – Mixed Headaches

The Veteran was most recently afforded an examination for mixed headaches in September 2012.  In his January 2013 substantive appeal (VA Form 9), it was indicated that the Veteran’s mixed headaches had worsened since his VA examinations.  In this regard, the Veteran reported that he had frequent prostrating migraine attacks every month, and that he was unable to adapt to the normal requirements of the workforce as a result.  Moreover, he reported that he invoked the Family Medical Leave Act (FMLA) as a result of his headaches, and that he was greatly impaired and sought medical attention on numerous occasions.  

As the above evidence indicates a possible worsening of that the Veteran’s mixed headaches since his last VA examination, an additional examination should be afforded to gauge the current level of severity of his disability.

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

The matter is REMANDED for the following action:

1. Identify and obtain any pertinent, outstanding VA and private treatment records and associate them with the claims file.

2. Then, schedule the Veteran for a VA examination by an examiner with sufficient expertise to determine the current level of severity of all impairment resulting from his service-connected mixed headaches.  The claims file must be made available to, and reviewed by the examiner.  All indicated tests and studies must be performed.  The examiner must provide all information required for rating purposes.

3. Confirm that the VA examination report and any opinions provided comport with this remand, and undertake any other development found to be warranted.

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

 

Kristin Haddock

Veterans Law Judge

Board of Veterans’ Appeals

ATTORNEY FOR THE BOARD	Mariah N. Sim, Associate Counsel

The Board’s decision in this case is binding only with respect to the instant matter decided. This decision is not precedential, and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.