BVA9500055 DOCKET NO. 93-03 863 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in Chicago, Illinois THE ISSUE Entitlement to service connection for vascular headaches. REPRESENTATION Appellant represented by: Disabled American Veterans WITNESS AT HEARING ON APPEAL Appellant ATTORNEY FOR THE BOARD C.A. Skow, Associate Counsel REMAND The appellant served on active duty from May 1975 to June 1981. This matter came before the Board of Veterans' Appeals (the Board) on appeal from a July 1991 decision of the Chicago, Illinois, Department of Veterans Affairs Regional Office (VARO). The appellant contends that her current vascular headache disorder is related to the headaches she experienced during service. A review of the evidence of record reveals that the appellant was seen during service for headaches which were clinically assessed as sinusitis, and that she was involved in substance abuse during service. The appellant was first diagnosed with a vascular headache disorder in 1984, and requested service connection for this disorder in October 1990. At a hearing conducted in November 1992, the appellant indicated that she received treatment for headaches from the following VA Medical Centers (VAMC): the Cheyenne VAMC in Wyoming from 1981 to 1984; either the Brentwood or Loma Linda VAMC in California from 1984 to 1986; and the Hines VAMC in either 1986 or 1987, and the Chicago (Westside) VAMC in Illinois from 1986 to 1992. However, the Board notes that the VA treatment records from the California (Brentwood or Loma Linda) and Hines VAMC have not been obtained, and that the current objective medical evidence of record does not indicate whether or not the appellant's current vascular headache disorder is etiologically related to the headaches she experienced during service. After reviewing all the medical evidence of record, including the service medical records, and the testimony of the appellant, the Board finds that the evidence of records is inadequate to determine the appellant's claim to service connection for vascular headaches. The duty to assist includes the duty to develop the pertinent facts by conducting a medical examination when the medical evidence is inadequate. Green v. Derwinski, 1 Vet.App. 121 (1990), and requesting all pertinent records. 38 U.S.C.A. § 5107(a) (West 1991).. In view of the above, the Board believes that additional development to include a VA examination is necessary in this case. 38 U.S.C.A. 5107(a) (West 1991), and Akles v. Derwinski, 1 Vet.App. 118 (1991). Accordingly, this case is REMANDED to VARO for the following development: 1. VARO should obtain all VA inpatient and outpatient treatment records pertaining to the appellant from the Brentwood and Loma Linda VAMC in California dating from 1984 through 1986, and the Hines VAMC in Illinois dating from 1986 to 1987. 2. The appellant should be afforded both a VA "eye, ear, nose and throat" examination and a VA neurologic examination to determine the nature of any current headache disorder, and to identify the etiology of any current headache manifestations. The examiner should opine on whether or not the appellant's post- service headaches may be clearly dissociated from the in-service headaches. The claims folder should be made available to the examiner for review before the examination. 3. After the development requested above has been completed to the extent possible, VARO should again review the record. If any benefit sought on appeal, for which a notice of disagreement has been filed, remains denied, the appellant and representative should be furnished a supplemental statement of the case and given the opportunity to respond thereto. Thereafter, the case should be returned to the Board, if in order. The Board intimates no opinion as to the ultimate outcome of this case. The appellant need take no action unless otherwise notified. C.P. RUSSELL 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).