Citation Nr: 20021426
Decision Date: 03/25/20	Archive Date: 03/25/20

DOCKET NO. 19-35 042
DATE: March 25, 2020

REMANDED

The claim of entitlement to an initial compensable rating for migraines is remanded.

REASONS FOR REMAND

The Veteran retired from military service after serving on active duty in the U.S. Air Force from January 1977 to July 1997.  

This matter comes before the Board of Veterans’ Appeals (Board) on appeal of an April 2018 rating decision by a U.S. Department of Veterans Affairs (VA) Regional Office (RO).  

A remand of the claim is warranted.  Lay assertions included in the record by the Veteran in November 2019 indicate a worsening on his migraines since the most recent VA examination in March 2018.  Specifically, the VA report notes migraines less than once every two months, but the Veteran indicated in November 2019 he experiences five to six debilitating migraines a month. Further, private treatment records have been associated with the claims file noting an increase in the frequency of his migraines and ongoing use of medication. A new examination should be conducted to address the current severity of the Veteran’s migraines.  See Green v. Derwinski, 1 Vet. App. 121 (1991).

The matter is REMANDED for the following action:

1. Undertake appropriate development to obtain any outstanding records pertinent to the claim.  

Include in the claims file any outstanding VA treatment records.  All records/responses received must be associated with the electronic claims file.

2. Schedule an examination to determine the nature and severity of service-connected migraines.  After reviewing the claims file, interviewing the Veteran, and examining him, the examiner should address the following:

How often does the Veteran experience migraines?

Are the migraines characteristic prostrating attacks?

Are the attacks very prostrating and/or prolonged?

Are the attacks productive of severe economic inadaptability?  

In rendering the requested opinion, the examiner should comment on the Veteran’s lay assertions in November 2019. In addition, attention is invited to the private treatment records from October 2019 noting increased frequency of migraines, increased symptomology and the ongoing use of medication.  

Also note that the Veteran is competent to attest to matters of which he has first-hand knowledge, including observable symptomatology.  If there is a medical basis to support or doubt the history provided by the Veteran, the examiner should indicate this in the examination report and provide a rationale for that determination.

 

 

K. R. Kardian

Acting Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	Christopher McEntee, 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.