Citation Nr: 21064262
Decision Date: 10/19/21	Archive Date: 10/19/21

DOCKET NO. 17-02 833
DATE: October 19, 2021

REMANDED

Entitlement to an initial disability rating in excess of 30 percent for migraine headaches is remanded.

REASONS FOR REMAND

The Veteran served on active duty from January 2013 to December 2015. The Board previously remanded this matter in August 2019. There has not been substantial compliance with the remand directives. Another remand is needed before the Board can adjudicate the claim. Stegall v. West, 11 Vet. App. 268 (1998).

In November 2019, the Veteran was last provided a VA examination to evaluate the severity of his headache disability. The examiner found that the Veteran experienced characteristic prostrating attacks of migraine headache pain, on average, of once a month over the last several months. However, this finding is called into question by the evidence of record. For instance, in the Veteran's August 2016 Notice of Disagreement, he suggested that he needed to receive treatment from a hospital emergency room three to four times a week as a result of his headache pain. Further, an October 2019 VA treatment record noted the Veteran's reports of migraine symptoms that prevented him from eating and that last for days at a time. The November 2019 VA examination report is also unclear as to the extent the Veteran's migraine headaches impact his ability to work. 

In light of these deficiencies, remand is needed to provide the Veteran a new examination with more thorough findings that explain the frequency of the Veteran's prostrating attacks of migraine headache pain in light of the other evidence of record. The examiner must also provide a clearer picture of the extent to which the Veteran's headaches impact his ability to work.

The matters are REMANDED for the following action:

1. Obtain the Veteran's VA treatment records for the period from May 2021 to the present.

2. After completion of the above, schedule the Veteran for an examination by an appropriate clinician to determine the current severity of the service-connected migraine headaches. The examiner should provide a full description of the disability and report all signs and symptoms necessary for evaluating the Veteran's disability under the rating criteria. The examiner must complete the corresponding VA disability benefits questionnaire (DBQ), provide a full description of the disability and report all signs and symptoms necessary for evaluating the Veteran's disability under the rating criteria. The examiner is asked to specifically address evidence in the record suggesting the Veteran experiences prostrating headaches that last for days at a time. The examiner is also asked to clearly explain the extent to which the Veteran's headaches impact his ability to work.

 

M. E. Larkin

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	J. Komperda, 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.