Citation Nr: 21070876 Decision Date: 11/26/21 Archive Date: 11/26/21 DOCKET NO. 17-22 473 DATE: November 26, 2021 REMANDED Entitlement to a compensable disability rating for post-concussion headaches is remanded. Entitlement to a compensable disability rating for a left hand strain with thumb residuals (left thumb disability) is remanded. REASONS FOR REMAND The Veteran served on active duty from June 2008 to October 2015. This matter is before the Board of Veterans' Appeals (Board) on appeal of a two April 2016 rating decisions of the Winston Salem, North Carolina, Regional Office (RO) of the Department of Veterans Affairs (VA). The Board notes that the RO accepted a Notice of Disagreement as the Veteran's Substantive Appeal, Form 9, regarding the issues noted in the March 2017 Statement of the Case. In an August 2021 correspondence, the Veteran was notified of a scheduled October 2021 hearing. However, he did not attend the hearing or subsequently request a new one. Thus, the hearing request is deemed withdrawn, and the issues noted above are before the Board for adjudication. When available evidence is too old for an adequate evaluation of the Veteran's current condition, VA's duty to assist includes providing a new examination. See Weggenmann v. Brown, 5 Vet. App. 281 (1993). The Veteran was last afforded a VA examination for his service-connected headaches in February 2016, over 5 years ago. Similarly, the last VA examination addressing the Veteran's service-connected left thumb disability in April 2016, more than five years ago. Because there is insufficient evidence upon which the Board can assess the current severity of the Veteran's conditions, the Board finds that new examinations are needed to fully and fairly evaluate the Veteran's claims for increased ratings. See Allday v. Brown, 7 Vet. App. 517 (1995). The matters are REMANDED for the following action: 1. Schedule the Veteran for a VA examination to assess the severity of his service-connected headaches. The claims file must be reviewed in conjunction with the examination. All necessary tests and studies should be conducted. All opinions must be supported by a rationale. The examiner should determine all of the current manifestations of the Veteran's headaches, including the frequency and severity of the headaches. The VA examiner must determine whether there are prostrating attacks, and if so, the frequency and severity of the prostrating attacks. The examiner must also address the functional impairments caused by the Veteran's headache disability, both occupationally and socially. 2. Schedule the Veteran for a VA examination to assess the severity of his service-connected left thumb disability. The claims file must be reviewed in conjunction with the examination. All necessary tests and studies should be conducted. All opinions must be supported by a rationale. The examiner should determine all of the current manifestations of the Veteran's left thumb disability. The examiner must test the Veteran's active motion, passive motion, pain with weight-bearing, and pain without weight-bearing and must include this information in the examination report. To the extent possible, the examiner should identify any symptoms and functional impairments due to the left thumb condition and discuss the effect of the left thumb disability on any occupational functioning and activities of daily living. A. C. MACKENZIE Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Evans, A-L 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.