Citation Nr: 21011243 Decision Date: 03/01/21 Archive Date: 03/01/21 DOCKET NO. 11-09 270 DATE: March 1, 2021 REMANDED Entitlement to an increase in disability rating from 30 to 50 percent for migraine headaches from November 9, 1983 through February 11, 2013 is remanded. REASONS FOR REMAND The Veteran has active service from March 1959 to June 1960. This case is before the Board of Veterans’ Appeals (Board) from rating decision of April 2013, with May 2013 notice, issued by the Department of Veterans Affairs (VA) Regional Office (RO). The Veteran appeared before Veterans’ Law Judge Wight during a November 2015 hearing and before Veterans’ Law Judge Leboff at an April 2019 hearing. The Veteran provided testimony with regard to his migraine headaches at both hearings. As such, the claim must be addressed in a panel decision. The Veteran originally filed his claim for headaches on November 9, 1983 (11/09/1983 VA 21-4138 Statement In Support of Claim). In October 2011, the Veteran asked his headache claim originally filed in November 1983 be reopened (10/18/2011 VA 21-4138 Statement In Support of Claim). The claim had not been decided, and in April 2013 the RO issued a rating decision granting service connection for headaches at a 30 percent disability rating (4/15/2013 Rating Decision - Narrative). In July 2013, the Veteran disagreed with the rating decision and appealed the decision (8/5/2013 Third Party Correspondence; 6/13/2014 Form 9). In August 2014, the Veteran’s claim was remanded for scheduling of a hearing (8/11/2014 BVA Decision). Hearings were held, and in December 2015, the Board remanded the issue for a medical examination (12/30/2015 BVA Decision). In November 2019, the matter was again before the Board. At that time the Board awarded entitlement to an increase in disability rating from 30 to 50 percent for migraine headaches from February 11, 2013 (11/05/2019 BVA Decision). The Veteran appealed to the United States Court of Appeals for Veterans Claims (Court). Pursuant to a Joint Motion for Partial Remand (JMPR), the Court vacated the portion of the Board’s decision that denied entitlement to an effective date prior to February 11, 2013. The JMPR found that the Board had not adequately explained why the 2013 VA examination was the appropriate effective date for the 50 percent rating when the evidence was sufficient to grant service connection from 1983. The question of whether the Veteran is entitled to a rating in excess of 30 percent prior to February 11, 2013 is before the Board for review consistent with the JMPR. Migraine Headaches The Veteran is assigned an initial disability rating of 30 percent for headaches, under Diagnostic Code 8100, effective November 9, 1983 through February 11, 2013 and 50 percent thereafter. Diagnostic Code 8100, concerning migraines, provides a 30 percent rating for headaches with characteristic prostrating attacks occurring on an average once a month over last several months; and a 50 percent rating for headaches with very frequent completely prostrating and prolonged attacks productive of severe economic inadaptability. 38 C.F.R. § § 4.124a, Diagnostic Code 8100. Of record are medical examinations, examiner opinions, and vocational expert opinions that address the Veteran’s headache disability picture after February 11, 2013. Medical evidence of record does not address the characteristics of the Veteran’s headaches between November 9, 1983 and February 11, 2013. The Board finds that a retroactive medical opinion as to the nature and severity of the Veteran's migraine headaches would be beneficial, specifically to determine whether at any point during that period, his headaches manifested by frequent completely prostrating and prolonged attacks productive of severe economic inadaptability. The matters are REMANDED for the following action: Obtain a retroactive addendum opinion from an appropriate clinician regarding the nature of the Veteran's headaches between November 9, 1983 and February 11, 2013. The examiner should attempt to ascertain if at any time between November 9, 1983 and February 11, 2013, the Veteran’s headaches manifested with very frequent completely prostrating and prolonged attacks productive of severe economic inadaptability. If so, the examiner should estimate dates as to when. The examiner should reconcile any conflicting medical evidence of record to the extent possible. If the medical professional cannot provide an opinion without resorting to speculation, he or she should provide a complete explanation for why an opinion cannot be rendered. In so doing, the medical professional should explain whether the inability to provide a more definitive opinion is the result of a need for additional information, or that he or she has exhausted the limits of current medical knowledge in providing an answer to a particular question. If the medical professional finds it helpful, the examiner may indicate his or her confidence in the answers provided on a scale from 1 to 5, with 1 being the least confident and 5 being the most confident, and explain what factors affect the confidence level assigned. Eric S. Leboff Veterans Law Judge Board of Veterans’ Appeals DAVID L. WIGHT Veterans Law Judge Board of Veterans’ Appeals S. B. MAYS Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board P. A. Myers 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.