Citation Nr: 21061790 Decision Date: 10/05/21 Archive Date: 10/05/21 DOCKET NO. 17-24 946 DATE: October 5, 2021 REMANDED Entitlement to a compensable rating for migraine headaches is remanded. REASONS FOR REMAND The Veteran had active service from May 2008 to November 2014. This case comes to the Board of Veterans' Appeals (Board) on appeal from a November 2014 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO) which is the Agency of Original Jurisdiction (AOJ). The Veteran expressed timely disagreement with the AOJ's determination, and the present appeal ensued. The Veteran was represented by the Military Order of the Purple Heart. In September 2020, the organization informed the Veteran that it was reorganizing its national service program due to lack of funding and that it was unable to represent him with benefit claims before the VA. In August 2021, the Veteran was advised that he could obtain representation from accredited attorneys, claims agents, and other Veterans' service organizations. The process of obtaining such representation was explained in detail. Thus, the Veteran is no longer represented by that organization. The Veteran was given 30 days to respond to the August 2021, and it was explained that in the event the Veteran did not respond within that time frame, VA would assume that the Veteran would represent himself in this matter. Since it is now beyond the 30-day period, the Board will proceed to address the issue on appeal. Entitlement to a compensable rating for migraine headaches is remanded. The Board finds that a new examination is required in light of the evidence of worsening symptomatology. The Veteran received a VA examination in February 2016, however in subsequent lay statements, the Veteran indicated continued worsening of this disability. In a March 2017 statement, the Veteran stated that he has migraine pain almost every day. Additionally, a March 2017 VA treatment note included documentation of worsening symptoms since 2010, including gastrointestinal issues, photophobia, phonophobia, and dizziness experienced by the Veteran five to seven days a week. Additionally, the Veteran's VA treatment records indicate that he is treated with medication, which helps decrease the duration of his symptoms to three to five hours. While it is documented that the Veteran's migraines have been treated with medication as early as January 2016, February 2016 VA examiner stated that the Veteran does not take medication for his migraine headaches. Given the potential of increased symptomatology, which has been noted on the records, a remand is required to afford the Veteran with another VA examination to assess the current severity of this service-connected disability. Snuffer v. Gober, 10 Vet. App. 400 (1997); Green v. Derwinski, 1 Vet. App. 121 (1991). The matters are REMANDED for the following action: 1. The AOJ should obtain all relevant VA treatment records dated from November 2017 to the present, while the claim was in remand status. 2. The Veteran must be afforded a VA examination by an examiner with appropriate expertise to determine the current severity of the Veteran's service-connected migraine headaches. The entire claims file for the Veteran must be made available to and reviewed by the examiner. All appropriate tests and studies should be conducted, and the results reported. The claims folder, including a copy of this remand, should be reviewed by the examiner. The VA examiner must address the extent of functional and industrial impairment due to the Veteran's disability being examined and furnish a full description of the effects of the service-connected disability upon the Veteran's ordinary activity, including employment. All opinions must be supported by a complete rationale. Michael J. Skaltsounis Veterans Law Judge Board of Veterans' Appeals Attorney for the Board S. W. Morgan, 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.