Citation Nr: 21066134 Decision Date: 10/28/21 Archive Date: 10/28/21 DOCKET NO. 19-24 299 DATE: October 28, 2021 REMANDED Entitlement to an initial rating in excess of 30 percent for migraine headaches is remanded. REASONS FOR REMAND The Veteran served on active duty in the United States Navy from January 2007 to June 2010. This appeal arises from a May 2017 rating decision, which granted service connection for migraine headaches and assigned an initial 30 percent rating, effective June 30, 2010. The Veteran appealed for a higher initial rating. In September 2019, the Board denied the Veteran's increased rating claim for migraine headaches in excess of 20 percent, and additionally denied an increased rating claim for posttraumatic stress disorder (PTSD) and entitlement to a total disability rating based on individual unemployability (TDIU). The Veteran appealed the Board's decision to the United States Court of Appeals for Veterans Claims (CAVC/Court). In a March 2021 Order, the Court vacated the Board's denial of the increased rating for migraines and remanded the migraines claim to the Board for further development and readjudication, specified in that order. 1. Migraine headaches The Veteran's migraine headaches are rated under 38 C.F.R. § 4.124a, Diagnostic Code (DC) 8100, for migraines. Under DC 8100, a maximum 50 percent rating is warranted for migraines with very frequent completely prostrating and prolonged attacks productive of severe economic inadaptability. The most recent VA examination on the severity of the Veteran's migraines was provided in February 2019. At the February 2019 VA headaches examination, the Veteran reported constant headache pain accompanied by nausea and sensitivity to light and sound, with severe headaches occurring daily. The examiner marked check boxes indicating that although the Veteran experienced prostrating headache attacks, on average, once a month, he did not experience very prostrating and prolonged attacks of migraine pain productive of severe economic inadaptability. However, the examiner noted that the Veteran was unemployed and that his headaches affected his work productivity. Per the March 2021 CAVC Memorandum Decision, the February 2019 VA examination was inadequate because the opinion does not contain a supportive rationale regarding the severity and intensity of the Veteran's headaches, or clear indication of the frequency of the migraine attacks. Also, the examiner's findings against the migraines producing severe economic inadaptability were inconsistent with the examiner's other notes that the Veteran was unemployed and that his headaches affected his work productivity. When VA undertakes to examine a Veteran, VA is obligated to ensure that that examination is adequate. See Barr v. Nicholson, 21. Vet. App. 303 (2007). A remand is needed to arrange for another VA examination to address the severity of the Veteran's migraines and to obtain an adequate rationale and medical comment on the frequency, severity, and intensity of the migraines. The matters are REMANDED for the following action: 1. Obtain any outstanding VA treatment records, including at Houston VAMC, from March 2020 to the present. 2. Schedule the Veteran for an examination by an appropriate clinician to determine the current severity of his 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 should provide medical comment and rationale on the frequency, severity and intensity of the Veteran's migraine headaches. Consideration should include the Veteran's lay statements. C. CRAWFORD Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Chatterjee, B. 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.