Citation Nr: 20030174 Decision Date: 04/29/20 Archive Date: 04/29/20 DOCKET NO. 20-06 965 DATE: April 29, 2020 ORDER The claim of entitlement to service connection for vitreous detached retina is dismissed. REMANDED Entitlement to service connection for chronic migraine headaches is remanded. FINDING OF FACT Entitlement to service connection for vitreous detached retina is not properly before the Board as the Veteran did not perfect an appeal regarding the claim. CONCLUSION OF LAW As the Veteran has not perfected an appeal regarding the claim of entitlement to service connection for vitreous detached retina, the claim is dismissed. 38 U.S.C. §§ 511, 7104, 7105 (2012); 38 C.F.R. §§ 19.35, 20.101(d), 20.200, 20.201, 20.202, 20.302 (2018). REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty in the United States Air Force from October 1975 to December 1978. The Veteran’s claims for service connection for vitreous detached retina and chronic migraine headaches were initially denied in an August 2018 rating decision. The Veteran submitted a timely Notice of Disagreement in October 2018. The Agency of Original Jurisdiction (AOJ) issued another rating decision in September 2019 regarding the migraine headache claim as a lay statement that had been submitted prior to the August 2018 decision had not been previously considered. That decision confirmed the previous denial. In January 2020, the AOJ issued a Statement of the Case (SOC) regarding both claims. The Veteran perfected his appeal in February 2020, indicating that he was only appealing the issue of entitlement to service connection for chronic migraine headaches. He has not submitted any subsequent statements suggesting that he was continuing his appeal on the vitreous detached retina claim. The Board finds that the Veteran has not perfected his appeal of the vitreous detached retina claim. The Veteran did not expressly appeal the claim and no communications regarding that issue have been received in the 60-day period following the issuance of the SOC. As such, the August 2018 rating decision is final regarding the vitreous detached retina claim. 38 C.F.R. §§ 20.200, 20.201. As the Veteran has not chosen to perfect an appeal regarding the claim for service connection for vitreous detached retina, there remains no justiciable case or controversy with respect to that appeal, and it is dismissed. 38 C.F.R. §§ 20.101(d), 20.200, 20.201, 20.202, 20.302. REASONS FOR REMAND The Veteran has contended that his chronic migraine headaches had their onset in active service, to include as associated with light sensitivity and exposure to heat and sun without hydration. He has submitted statements describing severe migraine headaches that began in service which he believed were caused or triggered by long periods of exposure to intense sunlight and heat while serving in Arizona with limited access to water. He also stated that during service he wore sunglasses constantly, including indoors, due to light sensitivity which developed. In the Veteran’s service treatment records (STRs) there is only one notation of a headache during service, associated with a sore throat, and tonsillitis. At separation, the Veteran himself denied having frequent or severe headaches or any significant medical history. He received several poor performance evaluations during service and committed several infractions resulting in reprimand. Supervisors recommended discharge for apathy and defective attitude at the end of his period of duty. The Veteran was given the opportunity to respond to the recommendation. In a May 1978 communication, he described his difficulties engaging with others and the military lifestyle but said nothing regarding any medical complaints. He did not state that the poor performance of his duties was caused by any medical condition, but instead highlighted a lack of communication and personal problems with supervisors. The Veteran has not identified any outstanding private treatment records. The first indication of VA medical treatment was in August 2009. It was noted that the Veteran did not report a history of migraines. The first notation of any headache symptoms was in May 2013, when the Veteran had a four-day history of headache, facial pain, rhinorrhea, sore throat, cough, and ear pain with hearing loss. Clinicians diagnosed bronchitis/sinusitis. In January 2014, the Veteran reported two weeks of progressively worsening right-sided headaches involving the right side of the neck, right shoulder, right side of the scalp, and right eye. It was noted that the Veteran had been in multiple motor vehicle accidents. A cervical spine x-ray was conducted which revealed degenerative joint disease. Clinicians noted that he had possible cervical radiculopathy. He denied headaches in subsequent treatment records. In December 2015, the Veteran reported a history of migraines. He also stated that he had been “light sensitive” since he was 23 years old. In July 2018, he reported a multiple-day migraine and stated that he had similar headaches a few times a month. He noted that he “recently started” wearing sunglasses indoors. He was diagnosed with migraine variant headache, recurrent. In a May 2018 lay statement, the Veteran reported that he was treated at Nellis Air Force Base (AFB) in September 1977 for headaches while he was on temporary duty. He stated that he was diagnosed with either cluster headaches or migraine headaches at the time. The Board notes that a PIES report reflects that in July 2018, all available STRs and service personnel records were added to the claims file. There are numerous records in the claims file covering the entirety of the Veteran’s service period, including a separation evaluation. However, because the Veteran has identified a specific time and place where he received treatment for headaches and there are no STRs in the claims file reflecting that treatment, the Board finds that remand is needed to conduct a search for the identified records. If records are located which reflect a diagnosis of cluster headaches or migraine headaches, because the Veteran has been diagnosed with migraine variant headaches, a VA examination will be needed to determine whether the headaches reported in service are medically related to the diagnosis of migraine headaches long after separation. The matters are REMANDED for the following action: 1. Contact the appropriate facility/facilities to request any missing service treatment records, specifically to include records of treatment at Nellis AFB in September 1977. All requests and responses received from each contacted entity should be associated with the claims file. If the requested records are unavailable, issue a formal finding of unavailability and notify the Veteran to allow him the opportunity to submit any medical records in his possession. 2. If records are located which reflect treatment for headaches during active service, schedule the Veteran for a VA examination with an appropriate medical professional to determine the nature and etiology of any headache disability. The examiner is asked to review the entirety of the claims file and to determine whether it is at least as likely as not (50 percent probability or greater) that any headache disability is related to service. A complete rationale for all opinions expressed should be provided. 3. After completing the requested actions, and any additional development deemed warranted, readjudicate the claim in light of all pertinent evidence and legal authority. If the benefits sought remain denied, furnish to the Veteran and his representative a Supplemental Statement of the Case and afford them the appropriate time period for response before the claims file is returned to the Board for further appellate consideration, if otherwise in order. MICHAEL E. KILCOYNE Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board Rachel E. Jensen, 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.