Citation Nr: 0810522 Decision Date: 03/31/08 Archive Date: 04/09/08 DOCKET NO. 04-43 843 ) DATE ) ) On appeal from the Department of Veterans Affairs Regional Office in Jackson, Mississippi THE ISSUES 1. Entitlement to service connection for headaches, including as secondary to service-connected residuals, cerebrospinal meningitis, manifested by nervousness. 2. Entitlement to service connection for neck pain, including as secondary to service-connected residuals, cerebrospinal meningitis, manifested by nervousness. 3. Entitlement to service connection for a nervous stomach, including as secondary to service-connected residuals, cerebrospinal meningitis, manifested by nervousness. REPRESENTATION Appellant represented by: The American Legion ATTORNEY FOR THE BOARD C. Lawson, Counsel INTRODUCTION The veteran served on active duty from October 1944 to March 1946. This matter comes before the Board of Veterans' Appeals (Board) on appeal from an April 2004 rating determination of the Department of Veterans Affairs (VA) Regional Office (RO) in Jackson, Mississippi, that denied the above claims. The appeal is REMANDED to the RO via the Appeals Management Center (AMC), in Washington, DC. VA will notify the appellant if further action is required. REMAND Unfortunately, remand is required. Although the Board sincerely regrets the additional delay, it is necessary to ensure that there is a complete record upon which to decide the veteran's claim so that he is afforded every possible consideration. The veteran had headaches in service. He claims that he has headaches, neck pain, and nervous stomach secondary to his service-connected residuals of cerebrospinal meningitis. A VA examiner in March 2004 found that the veteran had tension headaches, but did not render an opinion as to the etiology of the headaches. The examiner also stated that the veteran had neck pain probably from arthritis and a nervous stomach apparently due to gastroesophageal reflux disease (GERD) and that hence, they "are as likely as not to be unrelated to the meningitis." The phrasing of this opinion is inadequate, as it does not answer the question as to whether arthritis of the neck and GERD are related to the service- connected meningitis. Another examination should be conducted, as indicated below. 38 C.F.R. § 3.159 (2007). Also, since the veteran has not been given the notice required by Dingess v. Nicholson, 19 Vet. App. 473 (2006), such notice should be provided on remand. Accordingly, the case is REMANDED for the following action: 1. Provide the veteran with the notice required by Dingess v. Nicholson, 19 Vet. App. 473 (2006). 2. Thereafter, schedule the veteran for an appropriate VA examination(s). Provide the examiner(s) with the claims file. All necessary special studies or tests are to be accomplished. The examiner(s) is to review the claims folder, including the service medical records, and all post-service records. The examiner(s) must express an opinion as to whether it is at least as likely as not (50 percent probability or greater) that any current headache disorder, cervical spine disorder (i.e., arthritis), and/or gastrointestinal disorder (i.e., GERD) had its onset during active service or is related to any in-service disease or injury. If not, the examiner(s) must express an opinion as to whether it is at least as likely as not that any current headache disorder, cervical spine disorder (i.e., arthritis), and/or gastrointestinal disorder (i.e., GERD) was either (a) caused by, or (b) aggravated by the veteran's service- connected residuals, meningitis manifested by nervousness. The examiner(s) must provide a comprehensive report including complete rationales for all conclusions reached. 3. Finally, readjudicate the veteran's claims. If the benefits sought on appeal remain denied, the veteran and his representative, if any, should be furnished a supplemental statement of the case and given the opportunity to respond. The appellant has the right to submit additional evidence and argument on the matter or matters the Board has remanded. Kutscherousky v. West, 12 Vet. App. 369 (1999). This claim must be afforded expeditious treatment. The law requires that all claims that are remanded by the Board of Veterans' Appeals or by the United States Court of Appeals for Veterans Claims for additional development or other appropriate action must be handled in an expeditious manner. See 38 U.S.C.A. §§ 5109B, 7112 (West Supp. 2007). _________________________________________________ P. M. DILORENZO Veterans Law Judge, Board of Veterans' Appeals Under 38 U.S.C.A. § 7252 (West 2002), only a decision of the Board of Veterans' Appeals is appealable to the United States Court of Appeals for Veterans Claims. 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) (2007).