Citation Nr: 20040887 Decision Date: 06/16/20 Archive Date: 06/16/20 DOCKET NO. 11-02 762A DATE: June 16, 2020 ORDER The April 17, 2020 Board decision that dismissed the claim for entitlement to an increased rating for headaches is vacated. REMANDED Entitlement to a rating in excess of 30 percent for headaches is remanded. FINDINGS OF FACT The April 17, 2020 Board decision was erroneously issued as the Veteran was not deceased. CONCLUSIONS OF LAW The April 17, 2020 Board decision that dismissed a claim for entitlement to an increased rating for headaches constituted a denial of due process and is vacated. 38 U.S.C. § 7103(c), 7104(a); 38 C.F.R. § 20.1000(a). REASONS AND BASES FOR FINDINGS AND CONCLUSIONS The Veteran served on active duty from May 1967 to March 1970. In May 2018, the Board remanded this case for additional development. The Board finds that there has been substantial compliance with the remand requests. Stegall v. West, 11 Vet. App. 268 (1998). The April 17, 2020 Board decision is vacated Prior to the April 17, 2020 Board decision, VA received correspondence, which indicated that a veteran bearing the same name as the Veteran in this case was deceased. The information was erroneously associated with the Veteran’s claims file. The April 17, 2020 Board decision dismissed the issue of entitlement to an increased rating for headaches due to the death of a veteran. 38 U.S.C. § 7104(a); 38C.F.R. § 20.1302. The Veteran was not deceased and on April 24, 2020, the Veteran contacted VA to correct the error and proceed with the appeal. The Board may vacate an appellate decision at any time on the Board's own motion when an appellant has been denied due process of law. 38 U.S.C. § 7104(a); 38 C.F.R. § 20.1000. At the time of the issuance of the April 17, 2020, Board decision, the Veteran was not deceased. The Board decision that dismissed the claim for entitlement to an increased rating for headaches constituted a denial of due process. 38 U.S.C. § 7103(c), 7104(a); 38 C.F.R. § 20.1000(a). Therefore, the April 17, 2020, Board decision is vacated and replaced by the decision below. REASONS FOR REMAND The Veteran asserts that headaches are worse than contemplated in the currently assigned rating. In a May 2016 statement, the Veteran, through his representative, stated that the Veteran “had a myriad of complaints” regarding the severity and frequency of headaches. The Veteran stated that headaches caused light and sound sensitivity, nausea, changes in vision, and missed time from work. A June 2016 medical record shows that the Veteran reported “worse than usual headaches.” The Veteran has not been provided a VA examination for a headache disability in at least four years and evidence of record suggests that headaches have worsened since the most recent VA examination. Therefore, a more contemporaneous examination should be scheduled. Accordingly, the claim is remanded for the following action: 1. Schedule the Veteran for a VA examination to determine the severity of a headache disability. The examiner must review the claims file and should note that review in the report. A rationale for all opinions should be provided. The examiner should provide all information necessary for rating the headache disability. The examiner should state the severity of the service-connected headache disability without consideration of the ameliorating effects of any medication. The examiner should report the number and frequency of characteristic prostrating attacks, if any, during all relevant periods and any associated economic inadaptability as a result of the headaches. The examiner should comment upon the frequency and severity of the headache disability without consideration of the ameliorating effects of any medication. Harvey P. Roberts Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board Department of Veterans Affairs 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.