Citation Nr: 21074036
Decision Date: 12/14/21	Archive Date: 12/14/21

DOCKET NO. 14-05 115
DATE: December 14, 2021

REMANDED

Entitlement to an initial rating in excess of 30 percent for migraine headaches from August 13, 2012 is remanded.

REASONS FOR REMAND

The Veteran had honorable active duty from April 2000 to April 2004. His service from April 2004 to March 2007 was considered dishonorable for VA purposes and is a bar to VA benefits.

This matter comes to the Board of Veterans' Appeals (Board) on appeal from a September 2013 rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO), which granted service connection for migraine headaches and assigned a noncompensable rating, effective August 13, 2012.  A January 2014 rating decision increased the rating to 30 percent, effective October 24, 2013. 

The Veteran and his wife presented testimony at a videoconference hearing before the undersigned Veterans Law Judge in February 2017.  A transcript is of record.  

In February 2018, the Board remanded the matter for further development. A May 2020 Board decision granted an increased rating of 30 percent, but no higher, for migraine headaches from August 13, 2012. The Veteran appealed the Board decision to the United States Court of Appeals for Veterans Claim (Court). In an April 2021 Joint Motion for Partial Remand (Joint Motion), the parties requested that the Court vacate and remand the portion of the Board decision that denied entitlement to a rating higher than 30 percent for migraine headaches from August 13, 2012.  In an April 2021 Order, the Court granted the Joint Motion and returned the matter to the Board for actions consistent with the Joint Motion.

1. A rating higher than 30 percent for migraine headaches from August 13, 2012

The record indicates there are outstanding private treatment records.  Statements from private medical providers dated in July 2012, February 2013 and October 2013 submitted by the Veteran indicate that these private providers have treated the Veteran for his migraine headaches; however, it does not appear that the Veteran's private treatment records have been requested or associated with the record.  Reasonable efforts to obtain the Veteran's private treatment records should be made. Updated VA treatment records since April 2016 should also be requested. 

The matter is REMANDED for the following actions:

1. Ask the Veteran to provide the names and addresses      of all medical providers who have treated him for his migraine headaches, including all non-VA providers, to Dr. Clapp, Dr. Miles, Physician Assistant Kuklinski. After securing any necessary releases, request any relevant records identified. In addition, obtain updated VA treatment records dated since April 2016. If any requested records are unavailable, the Veteran should be notified of such.

 

2. If the claim remains denied, issue a supplemental statement of the case.

 

 

K. A. BANFIELD

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	M. C. Birder

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.