Citation Nr: 21031143 Decision Date: 05/20/21 Archive Date: 05/20/21 DOCKET NO. 16-21 966 DATE: May 20, 2021 REMANDED Entitlement to a compensable disability rating for migraine headaches is remanded. REASONS FOR REMAND The Veteran served in the U.S. Coast Guard Reserves from June 1996 to June 2001 and from January 2002 to March 2013. This case comes before the Board of Veterans' Appeals (Board) on an appeal from an April 2015 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO). The Veteran filed a Notice of Disagreement in May 2015 appealing the issues of increased rating for his service-connected migraine headaches and for a total disability rating based on individual unemployability (TDIU). In an April 2016 rating decision, the Veteran was awarded a TDIU effective March 21, 2013; consequently, that issue no longer remains a claim in controversy. The Veteran requested a hearing before a Veterans Law Judge. The hearing was set for August 2019 and the Veteran was duly notified. There is no indication in the claims file that the letter was returned or otherwise not received by the Veteran. The Veteran failed to appear at the August 2019 hearing and has not submitted good cause for his failure to appear, therefore, his request for a hearing is deemed withdrawn. See 38 C.F.R. § 20.704 (d) (failure to appear for a scheduled hearing treated as withdrawal of request). Entitlement to a compensable disability rating for migraine headaches is remanded. The Veteran appeals the denial of an increased rating for his migraine headaches. He is currently rated at 0 percent and claims his headaches have become more frequent and severe. The Veteran underwent a VA examination for his migraine headaches in January 2015. The examiner confirmed the diagnosis of migraine headaches including migraine variants. The Veteran reported suffering a usual frequency of headaches twice a week, with a duration of three to four hours. He said his symptoms include a pulsating or throbbing head, pain on both sides of his head, nausea, vomiting, and sensitivity to light and sound. The Veteran was reported as not having any prostrating attacks and that his headaches did not impact his ability to work. In June 2015, during an otolaryngology appointment, the Veteran indicated he felt his headaches were worsening. During a July 2015 eye consult, the Veteran told the doctor that he has been noticing an increase in his migraine frequency, and that they had increased from two to three times a month to five to seven times a month. Then, in a November 2015 primary care note, the Veteran told the doctor that he had been having severe debilitating migraines at least twice a week. Finally, in his May 2016 Form 9 Appeal to Board of Veterans' Appeals, the Veteran stated his migraine frequency increased in frequency since 2015. The Board finds that a remand is necessary to obtain a new VA examination for the Veteran. See Snuffer v. Gober, 10 Vet. App. 400, 408 (1997). On remand, the RO should schedule a VA examination to evaluate the Veteran's disability and address his claims of worsening. The record also reflects that the Veteran receives routine VA medical care. The RO should take the opportunity to associate updated treatment records with the file. The matter is REMANDED for the following actions: 1. Obtain any outstanding VA or private treatment records in VA possession and associate with the claims file. 2. Schedule the Veteran for an examination by an appropriate clinician to determine the current severity of his service-connected migraine headaches. The record and a copy of this remand must be made available. The examiner should provide a full description of the Veteran's migraine headaches and report all signs and symptoms necessary for evaluating the disability under the rating criteria. A complete rationale is requested for any opinion expressed. If the requested opinion cannot be provided without resort to speculation, the examiner should so state and explain why an opinion would be speculative. J. B. FREEMAN Veterans Law Judge Board of Veterans' Appeals Attorney for the Board A. Doerfler, Associate 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.