Citation Nr: 20006230
Decision Date: 01/24/20	Archive Date: 01/24/20

DOCKET NO. 17-59 871
DATE: January 24, 2020

REMANDED

The issue of a compensable rating for migraines is remanded.

REASONS FOR REMAND

The Veteran served on active duty from August 1984 to November 1998.

This case is before the Board of Veterans’ Appeals (Board) on appeal from a February 2017 rating decision from a Department of Veterans Affairs (VA) Regional Office (RO).

In November 2019, the Veteran testified at a Board hearing.  The transcript of the hearing has been associated with the record.

Evidence indicates that the Veteran’s migraines have increased in severity and frequency since the most recent VA examination in August 2017.  Accordingly, a new VA examination should be provided to determine the current severity of his service-connected migraines.  See Snuffer v. Gober, 10 Vet. App. 400, 403 (1997).

The matters are REMANDED for the following action:

1. Schedule the Veteran for an examination to determine the current severity of his service-connected migraines. The examiner should provide a full description of the disability and report all signs and symptoms necessary for evaluating the Veteran’s disability under the rating criteria.  The examiner must attempt to elicit information regarding the severity, frequency, and duration of any characteristic prostrating attacks.  To the extent possible, the examiner should identify any symptoms and functional impairments due to migraines alone and discuss the effect of the Veteran’s migraines on any occupational functioning and activities of daily living.

If the examiner cannot give an opinion without resorting to speculation, the examiner should explain why and state whether the need to speculate is due to a deficiency in the state of general medical knowledge (no one could respond given medical science and the known facts), the record (additional facts are required), or the examiner (does not have the knowledge or training).

 

 

JAMES L. MARCH

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	S. Costa, 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 This decision is not precedential, and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.