Citation Nr: 22018972
Decision Date: 03/31/22	Archive Date: 03/31/22

DOCKET NO. 19-12 130A
DATE: March 31, 2022

REMANDED

Entitlement to an effective date prior to October 20, 2017, for the award of service connection for migraine headaches, is remanded.

REASONS FOR REMAND

The Veteran served honorably on active duty in the United States Army from January 1989 to June 1993.

This matter comes to the Board of Veterans' Appeals (Board) on appeal from an April 2018 rating decision issued by a Department of Veterans Affairs (VA) Regional Office.

In October 2021, the Veteran testified at a video-hearing before the undersigned Veterans Law Judge.  A transcript is of record.

The Board notes that the April 2019 Notice of Disagreement (VA Form 10182), appealed the above-listed issue, as well as for an earlier effective date for the award of service connection for posttraumatic stress disorder (PTSD), which latter issue was addressed in a March 2019 rating decision.  The Veteran's claim of an earlier effective date for the award of service connection for migraine headaches was under the legacy appeals system and improperly docketed as an appeal that falls under the Appeals Modernization Act (AMA).  The VA Form 10182 is only to be used for AMA appeals (such as the March 2019 rating decision) and not legacy appeals.  The Board finds that in improperly docketing the appeal, the Board has waived any objections regarding use of the improper form for a legacy NOD and continued the appeal in the legacy system.  Hall v. McDonough, 34 Vet. App. 329 (2021).

Entitlement to an effective date prior to October 20, 2017, for the award of service connection for migraine headaches, is remanded.

In April 2019, the Veteran submitted a notice of disagreement (NOD) with the April 2018 rating decision that denied an effective date prior to October 20, 2017, for the award of service connection for migraine headaches.  Despite this NOD, no statement of the case (SOC) has been issued for this issue, nor is there any other evidence of appeal action being taken on this issue.  As such, it must be remanded for the issuance of an SOC.  See Manlincon v. West, 12 Vet. App. 238 (1999).

The matter is REMANDED for the following action:

Issue an SOC for the Veteran's effective date prior to October 20, 2017, for the award of service connection for migraine headaches claim.

 

 

A. P. SIMPSON

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	R. Gandhi, 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.