Citation Nr: 18151318 Decision Date: 11/16/18 Archive Date: 11/16/18 DOCKET NO. 15-31 287A DATE: November 16, 2018 REMANDED Entitlement to service connection for head trauma is remanded. Whether new material evidence has been received in order to reopen a claim of entitlement to service connection for a neurological disorder, previously characterized as chorea, to include as due to exposure to herbicide agents and/or as secondary to head trauma, is remanded. REASONS FOR REMAND The Veteran served on active duty from September 1955 to August 1961 and November 1961 to January 1978. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a rating decision issued in August 2014 by a Department of Veterans Affairs (VA) Regional Office (RO). In August 2018, the Veteran and his spouse testified at a Board hearing before the undersigned Veterans Law Judge. A hearing transcript is associated with the record. At such time, the undersigned held the record open for 30 days for the receipt of additional evidence; however, none has been received to date. The Board notes that additional evidence has been associated with the record since the issuance of the March 2018 supplemental statement of the case; however, such are unrelated VA examinations. Consequently, there is no prejudice to the Veteran in the Board proceeding with the adjudication of his claims at this time. 38 C.F.R. § 20.1304(c). 1. Entitlement to service connection for head trauma. The Veteran contends that he has head trauma due to his military service. Specifically, he claims that such is related to an in-service 1968 motor vehicle accident when he was rear ended and hit his head on the ceiling of the vehicle or as a result of repeated head trauma that occurred while he was a member of the U.S. Navy boxing team in the late 1950s. In this regard, he states that he had taken numerous blows to the head, which resulted in headaches. In this regard, the Veteran’s military personnel records show that he was involved a civil suit for a motor vehicle accident in August 1968. Moreover, an October 1963 service treatment record (STR) indicates that he complained of periodical migraine headaches since 1959. Further, subsequent STRs, to include those dated in December 1966, January 1972, at which time it was noted that the Veteran had 12+ years of common migraines with cluster like component, and December 1977. However, it does not appear that STRs prior to September 1961 are of record. Therefore, a remand is necessary in order to obtain any outstanding STRs, to specifically include those dated prior to September 1961. Furthermore, in light of the Veteran’s in-service motor vehicle accident, his participation in a boxing program, and his documented in-service complaints of headaches, the Board finds that a remand is necessary in order to afford him a VA examination so as to determine the nature and etiology of his claimed head trauma, to include any residuals thereof. 2. Whether new material evidence has been received in order to reopen a claim of entitlement to service connection for a neurological disorder, previously characterized as chorea, to include as due to exposure to herbicide agents and/or as secondary to head trauma. With regard to the Veteran’s application to reopen a claim of entitlement to service connection for a neurological disorder, he contends, in part, that such disorder is secondary to a head trauma. Therefore, the Board finds that as the resolution of the claim for service connection for head trauma may impact the new and material evidence claim, the issues are inextricably intertwined and the new and material evidence claim must also be remanded. See Harris v. Derwinski, 1 Vet. App. 180 (1991) (issues are inextricably intertwined when a decision on one issue would have a significant impact on another issue). The matters are REMANDED for the following actions: 1. Obtain any outstanding STRs, to specifically include those dated prior to September 1961. If any records cannot be obtained after reasonable efforts have been made, issue a formal determination that such records do not exist or that further efforts to obtain such records would be futile, which should be documented in the claims file. The Veteran and his representative must be notified of the attempts made and why further attempts would be futile, and allowed the opportunity to provide such records, as provided in 38 U.S.C. § 5103A (b)(2) and 38 C.F.R. § 3.159 (e). 2. After all outstanding STRs have been associated with the record, schedule the Veteran for a VA examination to determine the nature and etiology of his claimed head trauma, or residuals thereof. The record, to include a complete copy of this remand, must be made available for review of the Veteran’s pertinent medical history. All appropriate tests and studies should be performed, and all clinical findings should be reported in detail. Thereafter, the examiner should offer an opinion as to whether it is at least as likely as not (i.e., a 50 percent or greater probability) that the Veteran’s claimed head trauma, or residuals thereof, to include headaches and/or a neurological disorder, had its onset during, or is otherwise related to, his military service, to include his participation in a boxing program, 1968 motor vehicle accident, and/or documented complaints of headaches, as noted in October 1963, December 1966, January 1972, and December 1977, which collectively reflect reports of headaches since 1959. A rationale for any opinion offered should be provided. A. JAEGER Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD Brooks, Brennae