Citation Nr: 21062233
Decision Date: 10/06/21	Archive Date: 10/06/21

DOCKET NO. 17-26 905
DATE: October 6, 2021

REMANDED

Entitlement to service connection for migraine headaches is remanded.

REASONS FOR REMAND

The Veteran served on active duty from January 2002 to June 2004.

These matters come before the Board of Veterans' Appeals (Board) on appeal from September 2016 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO).

In May 2021, the Veteran appeared at a Board hearing and testified before the undersigned Veterans Law Judge.

1. Entitlement to service connection for migraine headaches is remanded.

The Veteran contends that her migraines headaches onset during active service. During the Board hearing in May 2021, the Veteran testified that she first sought treatment for migraines headaches 6 to 7 months after separation from service. 

The Veteran was afforded a VA examination in July 2016 concerning the etiology of the migraine headache condition. The examiner noted a review of the Veteran's private treatment records from 2012 through 2014. However, a review of the claims file shows that these private treatment records referenced by the VA examiner have not been associated with the claims file. 

As private treatment records have not been associated with the claims file, a remand is warranted for the RO to obtain and associate these private treatment them with the record on appeal. 

The matters are REMANDED for the following action:

1. Contact the Veteran and afford her the opportunity to identify by name, address and dates of treatment or examination any relevant medical records to include private treatment providers.  Subsequently, and after securing the proper authorizations where necessary, make arrangements to obtain all the records of treatment or examination from all the sources listed by the Veteran which are not already on file.  All information obtained must be made part of the file.  

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The RO must attempt to associate private treatment records reviewed by the July 2016 VA examiner dated from 2012 to 2014.

All attempts to secure this evidence must be documented in the claims file, and if, after making reasonable efforts to obtain named records, they are not able to be secured, provide the required notice and opportunity to respond to the Veteran and his representative.

 

 

D. SMART

Acting Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	J. Dworkin, 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.