Citation Nr: 20072276 Decision Date: 11/09/20 Archive Date: 11/09/20 DOCKET NO. 10-44 836 DATE: November 9, 2020 ISSUE Entitlement to a disability rating in excess of 30 percent for posttraumatic headaches from July 14, 2014. REMANDED Entitlement to a disability rating in excess of 30 percent for posttraumatic headaches from July 14, 2014, is remanded. REASONS FOR REMAND The Veteran served on active duty from October 1959 to January 1962, with additional service in the National Guard. These matters come before the Board of Veterans’ Appeals (Board) on appeal of a rating decision issued by the Department of Veterans Affairs (VA). In August 2019 the Board in pertinent part denied the claim on appeal, which the Veteran appealed to the United States Court of Appeals for Veterans Claims (Court). In June 2020 the Court issued an order remanding the claim for compliance with a Joint Motion for Partial Remand (JMPR). Notably, the JMPR did not challenge the Board’s ruling that granted entitlement to service connection for an acquired psychiatric disorder, to include depressive disorder and post-traumatic stress disorder (PTSD), including as secondary to a traumatic brain injury (TBI) and granted entitlement to an initial 30 percent disability rating for posttraumatic headaches from July 30, 2009, through July 13, 2014; accordingly, these issues will not be addressed by the Board. The Veteran’s attorney argued in the JMPR that the Veteran’s posttraumatic headaches were capable of producing severe economic inadaptability. In this case, the Board has determined that an additional examination is necessary to address the severity of the Veteran’s service-connected posttraumatic headaches, to include the reported severe economic inadaptability. The matters are REMANDED for the following action: 1. Schedule the Veteran for a VA neurological examination by a clinician with appropriate expertise to determine the severity of his service-connected posttraumatic headaches. The electronic record, including a copy of this remand, must be made available to the examiner. All appropriate tests and studies should be conducted and clinical findings should be reported in detail. The examiner should describe the nature and severity of all manifestations of the Veteran’s service-connected headaches. In particular, the examiner must state whether there is any evidence of characteristic prostrating attacks, and the frequency thereof; and whether there are very frequent completely prostrating and prolonged attacks productive of severe economic inadaptability. In answering this question, the examiner is asked to address the February 2017 examination in which the examiner stated that the headaches had become more frequent with the passage of time; this can prevent [the Veteran] from obtaining and securing a full-time regularly scheduled job. The examiner should describe the severity of the Veteran’s headache symptoms without the use of medications, and during flare-ups. If the examiner finds that the Veteran’s reported symptoms do not result in prostrating attacks of headache pain, an explanation should be provided. All opinions provided must be thoroughly explained, and an adequate rationale for any conclusions reached should be provided. 2. Then, after undertaking any additional development that is deemed warranted, readjudicate the claim on appeal, with application of all appropriate laws, regulations, and case law, and consideration of any additional information obtained as a result of this remand. If the decision remains adverse to the Veteran, he and his attorney should be furnished a supplemental statement of the case and afforded an appropriate period of time within which to respond thereto. MICHAEL A. PAPPAS Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board R.M.K., 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.