BVA9503514 DOCKET NO. 91-19 702 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in Roanoke, Virginia THE ISSUE Entitlement to an increased (compensable) evaluation for migraine headaches with cluster variant. REPRESENTATION Appellant represented by: Disabled American Veterans ATTORNEY FOR THE BOARD Nadine W. Benjamin, Counsel INTRODUCTION The veteran served on active duty from September 1974 to April 1990. This appeal comes to the Board of Veterans' Appeals (Board) on appeal from a November 1990 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO) in Roanoke, Virginia. In February 1992, the Board remanded the veteran's claim to the RO for additional development. On remand, the RO was to attempt to secure additional medical records for the veteran. The case has been returned to the Board for further appellate action. REMAND The veteran seeks a compensable rating for his service-connected migraine headaches with cluster variant. The Board notes that the veteran reported in his April 1991 substantive appeal that he had 2 or 3 headaches a month, and that this was documented not in his medical files but in his psychiatric records. He reported that he was receiving medication for his migraine headaches by his psychiatrist. It is noted that he is also service-connected for post-traumatic stress disorder (PTSD) with panic disorder and agoraphobia. The veteran further reported that he could obtain and had medical records to support his claim. The veteran also reported in December 1991 that he had recently been placed on permanent disability retirement by the Air Force with a rating of 50 percent. In response to the Board's February 1992 remand, the RO attempted to secure psychiatric treatment records of the veteran from the Malcolm Grow USAF Medical Center at Andrews Air Force Base. In December 1992, the RO received a copy of a statement documenting the veteran's request to the Malcolm Grow USAF Medical Center to remove access to his treatment records due to his ongoing divorce and legal problems. Copies of his records were not released to VA. The record shows that the veteran has had several addresses listed in the record. The RO attempted to contact the veteran, to request that he obtain and supply copies of his medical treatment records which were located at Malcolm Grow USAF Medical Center. This request was sent to the veteran at a previous address in Falls Church, Virginia. The record shows that his most recent address is in Vienna, Virginia. The Board also notes that the veteran has not been examined by VA for disability evaluation since 1990. His representative has argued that the case should be remanded to the RO for a VA examination to ascertain the severity of the veteran's headache disability. In view of the foregoing, the Board finds that further development is required. Accordingly, the case is REMANDED to the RO for the following actions: 1. The RO should contact the veteran at his most recent address, and request that he provide the names, addresses and approximate dates of treatment for all VA and non-VA health care providers who have treated him for his service-connected headaches since his discharge from service. With any necessary authorization from the veteran, the RO should attempt to obtain copies of pertinent treatment records identified by the veteran which are not currently of record to include records pertaining to his permanent disability retirement from the Air Force and records from Malcolm Grow USAF Medical Center. 2. Thereafter, the veteran should be afforded VA examinations by a board certified neurologist and a board certified psychiatrist, if available, to determine the current severity of his service- connected headache disorder. The examinations should include a complete evaluation, including a detailed description of the headaches, the frequency of their occurrence and any remedies used. The evaluations should also include the administration of appropriate tests and the documentation of a complete history. Prior to the examinations, the claims folder shoulder be made available to the examining physicians. All manifestations of current disability should be described in detail. The psychiatric examiner is requested to offer an opinion concerning the veteran's complaints of headaches, and their relationship, if any, to his psychiatric disorder. A complete rationale should be given for all opinions and conclusions expressed. 3. Then, the RO should undertake any other indicated development and readjudicate the claim for an increased (compensable) rating for the veteran's service-connected migraine headaches with cluster variant. If the benefit sought on appeal is not granted to the satisfaction of the veteran, a Supplemental Statement of the Case should be issued, and the veteran and his representative provided an opportunity to respond. Thereafter, the case should be returned to the Board for further consideration, if otherwise in order. By this REMAND, the Board intimates no opinion as to any final outcome warranted. No action is required of the veteran until he is otherwise notified by the RO. SHANE A. DURKIN 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 (CONTINUED ON NEXT PAGE) 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).