Citation Nr: 21041775
Decision Date: 07/10/21	Archive Date: 07/10/21

DOCKET NO. 18-07 372
DATE: July 10, 2021

REMANDED

Entitlement to a compensable initial rating for tension headaches prior to April 20, 2020 is remanded.

REASONS FOR REMAND

The Veteran served on active duty from August 1996 to November 1996 and August 2007 to November 2009.

This matter comes before the Board of Veterans' Appeals (Board) on appeal from a March 2017 rating decision.  The Veteran testified before the undersigned Veterans Law Judge (VLJ) at a hearing in February 2020.  A transcript of that hearing is of record.  This matter was remanded in April 2020. In a March 2021 decision, the Board denied entitlement to a rating higher than 30 percent for tension headaches for the period beginning April 20, 2020, and remanded entitlement to a compensable initial rating for tension headaches the period prior to April 20, 2020.

1. Entitlement to a compensable initial rating for tension headaches prior to April 20, 2020 is remanded.

Unfortunately, the May 2021 Supplemental Statement of the Case (SSOC) re-adjudicated entitlement to a rating higher than 30 percent for the period beginning April 20, 2020 for tension headaches, not entitlement to an initial compensable rating prior to April 20, 2020 for tension headaches. There is no discussion in the SSOC of a March 2021 medical opinion in connection with the period prior to April 2020. It also appears that the opinion itself is inadequate because it is not responsive to the specific questions posed in the Board remand. 

The claim is remanded to obtain an adequate medical opinion and then have the AOJ readjudicate the claim, with specific consideration of all evidence added to the record since the prior Board remand in March 2021. See Stegall v. West, 11 Vet. App. 268 (1998); 38 C.F.R. § 19.31.

The matters are REMANDED for the following action:

1. Forward copies of all pertinent records to an appropriate VA medical examiner to obtain an addendum opinion that assesses the severity of the Veteran's headache disability during the period before April 20, 2020. If that is not possible, the examiner should indicate why.

2. Confirm that the VA medical opinion provided comports with this remand, specifically that it addresses the prior before April 20, 2020. If not, get an addendum. Thereafter, readjudicate the issue of entitlement to a compensable initial rating prior to April 20, 2020 for tension headaches.

 

 

M.E. Larkin

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	A. Budd, 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.