Citation Nr: 20022158
Decision Date: 03/31/20	Archive Date: 03/31/20

DOCKET NO. 17-12 266
DATE: March 31, 2020

REMANDED

Entitlement to a rating in excess of 30 percent for posttraumatic stress disorder (PTSD) with alcohol use disorder also claimed with insomnia is remanded.

Entitlement to an initial rating in excess of 10 percent for migraine headaches is remanded.

REASONS FOR REMAND

The Veteran had active service in the United States Army from January 2003 through May 2003, July 2004 through April 2005, and from March 2008 through April 2009.

This matter initially came before the Board of Veterans’ Appeals (Board) on appeal from a March 2015 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO).

In February 2019, the Board, in relevant part, granted an initial 10 percent rating, but no higher, for migraine headaches and denied a rating in excess of 30 percent for PTSD.

The Veteran appealed the Board’s decision to the U.S. Court of Appeals for Veterans’ Claims (CAVC).  In October 2019, CAVC granted the Parties’ Joint Motion for Partial Remand (JMPR), vacated the February 2019 Board decision regarding the PTSD and migraine headaches claims, and remanded the Veteran’s appeal to the Board.

The appeal is once again before the Board.

Higher ratings for PTSD and migraine headaches

In this case, although the primary basis for the JMPR was inadequate reasons and bases, the Board finds that additional development is warranted as VA treatment records for more than half of the appeal period remain outstanding.

Both issues in this case arise from an April 2014 claim, where, notably, the Veteran reported receiving treatment for both disorders at facilities associated with the Lexington VA Healthcare System and the Mountain Home VA Healthcare System.  

Some records associated with the Lexington VA Healthcare System are currently of record; however, records from this facility dated from March to September 2015, January to August 2016, and August 2016 to the present appear to be outstanding.  These records should be obtained on remand.  In addition, to the extent there are outstanding records associated with the Mountain Home VA Healthcare System, these too should be obtained.

The matters are REMANDED for the following action:

1.  Associate with the claims file any outstanding VA treatment records, to include those from the Lexington VA Healthcare System from March to September 2015, January to August 2016, and August 2016 to the present; and the Mountain Home VA Healthcare System.

2.  After completing any additional development deemed necessary, readjudicate the claims.  If any benefit requested on appeal is not granted to the Veteran’s satisfaction, the appellant and his representative should be furnished a supplemental statement of the case and provided an opportunity to respond.  The case should then be returned to the Board for further appellate consideration, if in order.

 

 

Matt Schlickenmaier

Acting Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	S. McLendon, 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.