Citation Nr: 20003095 Decision Date: 01/14/20 Archive Date: 01/14/20 DOCKET NO. 17-22 359 DATE: January 14, 2020 REMANDED Entitlement to service connection for an acquired psychiatric disorder is remanded. Entitlement to service connection for migraines is remanded. REASONS FOR REMAND The Veteran had active duty for training in the United States Army from April 1996 to September 1996. The Veteran thereafter served in the North Carolina Army National Guard until April 2002. These matters come before the Board of Veterans' Appeals (Board) on appeal of a June 2016 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO) in Winston Salem, North Carolina. In Clemons v. Shinseki, 23 Vet, App. 1 (2009), the United States Court of Appeals for Veterans Claims (Court) noted that the Board should consider alternative current disorders within the scope of the filed claim. Id. The Board finds that it is appropriate to recharacterize the above claim as entitlement to service connection for an acquired psychiatric disorder. In July 2014 claim for service connection for 10 disabilities, the Veteran reported that he was in an automobile accident in a government vehicle on active duty on July 1, 1999, that he was hospitalized for one day, and that all the disabilities, including the psychiatric disorder on appeal, were caused by injuries sustained in the accident. In a statement dated in November 2014, the Veteran reported that he was assigned to “Det 4 HQ Stark” on July 1, 1999 to provide medical support for the 1999 World Special Olympics in Raleigh, North Carolina. The available service treatment records are silent for any treatment for injuries on July 1, 1999. In a private emergency physician’s report dated July 1, 1999, the physician noted that his patient was a National Guard soldier who was sitting in a van front passenger seat when struct on the left side. The Veteran complained of left side pain but had no neck, head, back abdomen, pelvic or lower extremity pain. X-ray of the chest was normal, and there was no mention of a loss of consciousness Additionally, the RO was incorrect when stating that the Veteran’s only active service while in the National Guard was during his initial entry training from April 29, 1996 to September 11, 1996. Although, minimal National Guard records associated with the Veteran are available in the claims file; the available records indicate that the Veteran had 11 days of active duty training and an additional 50 points for inactive duty training during the period April 1999 to April 2000. Therefore, additional development is necessary to verify that the Veteran was performing federal duty for training on July 1, 1999. Furthermore, there are no any private medical opinions that specifically address the Veteran’s car accident and whether the Veteran’s migraines and any psychiatric disorders are residuals of that accident. The Veteran has not been afforded a VA examination as to the etiology of his migraines condition and any psychiatric disorders. The matters are REMANDED for the following action: 1. Obtain any outstanding VA and private treatment records and associate them with the claims file. 2. Request from the North Carolina National Guard personnel and medical records from the appropriate state office to verify whether the Veteran was performing federal or state ordered active duty for training or inactive duty training on July 1, 1999. If necessary, a request should be made to the Defense Finance and Accounting Service (DFAS) for payroll data for that date (for example, DJMS-RC MMPA Print). Document all requests for information as well as all responses in the claims file. 3. Schedule the Veteran for an examination by an appropriate clinician to determine the nature and etiology of his migraines/ headaches and any acquired psychiatric disorder. After reviewing the claims file and examining the Veteran the examiner is asked to answer whether headaches/ migraines and a psychiatric disorder is at least as likely as not related to an in-service injury, event, or disease, or began in service. Review of the entire claims file is required, and the examiner is asked to consider and comment on the records of the July 1999 car accident, July 1999 hospitalization, the Veteran’s medical records after completion of service, as well as the Veteran’s various statements to support his claim. After completing the development requested above, and any other development deemed necessary, readjudicate the Veteran's claim, to include entitlement to service connection for migraines and entitlement to service connection for an acquired psychiatric disorder. If any of the benefits sought are not granted in full, the AOJ should furnish the Veteran and his representative with an SSOC and afford an opportunity to respond. The claims file should then be returned to the Board for further appellate review. J.W. FRANCIS Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board E. Long-Ellis, Associate Counsel The Board’s decision in this case is binding only with respect to the instant matter decided. This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.