Citation Nr: 20022658
Decision Date: 04/01/20	Archive Date: 04/01/20

DOCKET NO. 17-32 319
DATE: April 1, 2020

REMANDED

Entitlement to a rating in excess of 30 percent for migraines is remanded.

REASONS FOR REMAND

The appellant is a Veteran who served on active duty from May 1981 to September 1992. This matter is before the Board of Veterans’ Appeals (Board) on appeal of a November 2016 Department of Veterans Affairs (VA) rating decision.

The most recent VA examination to assess the severity of the Veteran’s migraines was in September 2016.  Additional, relevant VA treatment records were received at the Regional Office after the issuance of the June 8, 2017 statement of the case (SOC). In a June 16, 2017 VA treatment record, a VA provider noted that the migraines had been worsening in the past year. Considering the indication of worsening and the duration of the intervening period since he was last examined, a contemporaneous examination to assess the disability is necessary. See Snuffer v. Gober, 10 Vet. App. 400 (1997). 

The matter is REMANDED for the following:

1. Obtain for the record updated (to the present, all outstanding) complete clinical records of VA evaluations and treatment the Veteran has received for his migraine disability.

2. Then, arrange for a neurological examination of the Veteran to assess the severity of his service-connected migraine headache disability. The examiner must review the Veteran’s entire record. The examiner should:

(a.) Describe the nature, frequency, and duration of the headaches. 

(b.) Note the level of functioning that remains during the headaches.

(c.) Note the treatment regimen prescribed (and the relief that results).  

(d.) Indicate whether the headaches are manifested by characteristic prostrating attacks (and if so, their frequency and duration). Identify the clinical records that support the response to this question.  

(e.) If the headaches are found to be very frequent and completely prostrating, opine whether they produce severe economic inadaptability.

Include rationale with all opinions.

 

GEORGE R. SENYK

Veterans Law Judge

Board of Veterans’ Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.