Citation Nr: 1321394	
Decision Date: 07/03/13    Archive Date: 07/12/13

DOCKET NO.  09-50 150	)	DATE
	)
	)

On appeal from the
Department of Veterans Affairs Regional Office in Columbia, South Carolina


THE ISSUES

1.  Entitlement to service connection for residuals of a left-sided head injury.

2.  Entitlement to service connection for headaches.

3.  Entitlement to service connection for a sinus disability.  

4.  Entitlement to service connection for a growth on the left side of the head.

REPRESENTATION

Appellant represented by:	The American Legion

WITNESS AT HEARINGS ON APPEAL

The Veteran
ATTORNEY FOR THE BOARD

S. Coyle, Counsel




INTRODUCTION

The Veteran served on active duty from April 1976 to April 1979 with additional periods of active service with the Army Reserve.  

This matter is before the Board of Veterans' Appeals (Board) on appeal of a rating decision in June 2009 of a Department of Veterans Affairs (VA) Regional Office (RO).  

In April 2010, a hearing was held before a Decision Review Officer.  In May 2011, a hearing was held before the undersigned Veterans Law Judge.  The transcripts of the hearings are in the Veteran's file.

The appeal is REMANDED to the RO via the Appeals Management Center in Washington, DC.  


REMAND

The Veteran has identified private medical records and VA records, pertaining to the claims.  As the record is incomplete, further development under the duty to assist is needed.

Also, the Veteran states that during a period of active duty for training in May 1989 he was struck in the head with a stream of gasoline during a fueling accident.  The service treatment records corroborate the Veteran's account.  As the record is insufficient to decide the claims, a VA examination and medical opinion under the duty to assist is needed.  






Accordingly, the case is REMANDED for the following action:

1.  Ask the Veteran either to submit or to authorize VA to obtain on his behalf: 

Private medical records, pertaining to treatment for headaches, a sinus condition, and a growth or lipoma on the left side of head since May 1989.

2.  Obtain VA records since December 2009.

3.  Afford the Veteran a VA examination to determine:

a).  Whether the Veteran has residuals of head injury, other than headaches, a sinus condition, or a growth or lipoma, and, if so, 

Whether it is more likely than not (probability than 50 percent), at least as likely as not (probability of 50 percent), less likely than not (probability less than 50 percent) that the residuals of head injury, other than headaches, a sinus condition, or a growth or lipoma, are the result of exposure to a fuel spill in May 1989, documented in the service treatment records, or the development of a new and separate condition?








b).  Whether it is more likely than not (probability than 50 percent), at least as likely as not (probability of 50 percent), less likely than not (probability less than 50 percent) that headaches or a sinus condition is related to an episode of sinus headache in June 1978 while the Veteran was active duty or the result of exposure to a fuel spill in May 1989, documented in the service treatment records, or the development of a new and separate condition? 

c).  Whether it is more likely than not (probability than 50 percent), at least as likely as not (probability of 50 percent), less likely than not (probability less than 50 percent) that a growth or lipoma on the left side of the head was the result of exposure to a fuel spill in May 1989, documented in the service treatment records, or the development of a new and separate condition? 

The Veteran's file must be made available to the VA examiner for review. 

4.  After the development requested is completed, adjudicate the claims.  If any benefit sought is denied, issue a supplemental statement of the case and return the case to the Board.

The Veteran has the right to submit additional evidence and argument on the matters the Board has remanded.  Kutscherousky v. West, 12 Vet. App. 369 (1999).






The claims must be afforded expeditious treatment.  The law requires that all claims that are remanded by the Board 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.  38 U.S.C.A. §§ 5109B, 7112.



_________________________________________________
George E. Guido Jr.
Veterans Law Judge, Board of Veterans' Appeals

Under 38 U.S.C.A. § 7252 (West 2002), only a decision of the Board 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) (2012).