BVA9500287 DOCKET NO. 93- 07 101 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in Roanoke, Virginia THE ISSUES 1. Entitlement to service connection for post-traumatic headaches secondary to a head injury. 2. Entitlement to service connection for a seizure disorder or a syncopal disorder secondary to a head injury. 3. Entitlement to service connection for chloracne. REPRESENTATION Appellant represented by: Disabled American Veterans ATTORNEY FOR THE BOARD L. M. Barnard, Counsel INTRODUCTION The veteran served on active duty from August 1964 to August 1967 and from September 1967 to June 1979. This appeal arises from an October 1991 rating decision of the Roanoke, Virginia, Department of Veterans Affairs (VA), Regional Office (RO), which denied entitlement to service connection for headaches the result of a head injury. In May 1992 a rating action was issued which denied entitlement to service connection for chloracne the result of exposure to Agent Orange. In August 1992, a rating action was issued that confirmed and continued the denial of service connection for the residuals of a head injury. It is noted that a final determination concerning the veteran's claim for service connection for chloracne will be deferred pending the outcome of this remand. REMAND The veteran contends, in essence, that he suffers from headaches and a seizure or syncopal disorder as the direct result of a head injury experienced in a car accident in service. He states that he began to suffer from these residuals in service, and that he continues to suffer from them now. Therefore, he believes that service connection should be granted. VA has a duty to assist the veteran in the development of all facts pertinent to his claims. 38 U.S.C.A. § 5107(a) (West 1991); 38 C.F.R. § 3.103(a) (1993). This includes the duty to obtain VA examinations which provide an adequate basis upon which to determine entitlement to the benefits sought on appeal. Littke v. Derwinski, 1 Vet.App. 90 (1991). Examinations by specialists are permissible, when recommended. Hyder v. Derwinski, 1 Vet.App. 221 (1991). In the instant case, a VA neurological examination was performed in February 1992. This report indicated the veteran's history of suffering a head injury in service. He complained of recurrent headaches, numbness in his fingertips, and a sensation that he is falling. He stated that his brother had epilepsy which manifested after cranial surgery at the age of three. He also reported feeling dizzy and nauseous. After examining the veteran, the examiner indicated that the information was not adequate to reach a conclusion. It was felt that an electroencephalogram (EEG) was necessary to ascertain the source of his complaints, particularly in light of the family history, which may or may not be important. Therefore, the examiner recommended that the veteran be admitted for evaluation of any head injury residuals. Specifically, it was noted that an EEG and a MRI should be performed. It is noted that the recommendations of the VA examiner were not followed. As a result, it is unclear from the current record whether the veteran suffers from any chronic disabilities which can be service-connected as a result of his in-service head injury. Under the circumstances of this case, it is the conclusion of the undersigned that additional assistance is necessary, and this case is REMANDED to the RO for the following: The RO should admit the veteran to a VA medical facility for a period of observation and evaluation in order to determine whether he suffers from any chronic residuals of the head injury experienced in service. All indicated special studies, particularly an EEG and a MRI, should be conducted. The examiners should render opinions as to whether the veteran suffers from headaches, and seizure or syncopal disorders, as a result of the in-service head injury. The claims folder must be made available to the examiners prior to the examinations so that the veteran's entire medical history can be taken into consideration. In the event that the veteran's claims remain denied, in whole or in part, he and his representative should be provided with an appropriate supplemental statement of the case, and an opportunity to respond, and the case should be returned to the Board for further appellate consideration if otherwise in order. KENNETH R. ANDREWS, JR. Member, Board of Veterans' Appeals The Board of Veterans' Appeals Administrative Procedures Improvement Act, Pub. L. No. 103-271, § 6, 108 Stat. 740, ___ (1994), permits a proceeding instituted before the Board to be assigned to an individual member of the Board for a determination. This proceeding has been assigned to an individual member of the Board. Under 38 U.S.C.A. § 7252 (West 1991), only a decision of the Board of Veterans' Appeals is appealable to the United States Court of Veterans Appeals. This remand is in the nature of a preliminary order and does not constitute a decision of the Board on the merits of your appeal. 38 C.F.R. § 20.1100(b) (1993).