Citation Nr: 21065796 Decision Date: 10/27/21 Archive Date: 10/27/21 DOCKET NO. 12-27 372A DATE: October 27, 2021 REMANDED Entitlement to service connection for a respiratory disability, to include asthma and chest pain, is remanded. Entitlement to service connection for memory loss, to include as secondary to a psychiatric disorder, is remanded. Entitlement to service connection for migraine is remanded. Entitlement to service connection for a heart disability is remanded. REASONS FOR REMAND The Veteran served on active duty in the U.S. Army from July 1989 to October 1992. He also had service in the U.S. Army Reserve. His decorations include the National Defense Service Medal. This matter comes to the Board of Veterans' Appeals (Board) on appeal from a December 2010 rating decision issued by the Department of Veterans Affairs (VA) Regional Office in Chicago, Illinois. The issues on appeal were previously before the Board in March 2015 and June 2020. In March 2015, the Board remanded the issues to the agency of original jurisdiction (AOJ) for additional development. In June 2020, the Board denied service connection for a respiratory disability, memory loss, migraines, and a heart disability. Thereafter, the Veteran appealed the Board's June 2020 decision to the United States Court of Appeals for Veterans Claims (Court). In May 2021, the Court granted a Joint Motion for Remand (JMR) filed by the parties to the appeal (the Veteran, through an attorney, and representatives from VA General Counsel), thereby vacating the Board's decision and remanding the matter for readjudication. 1. Entitlement to service connection for a respiratory disability, to include asthma and chest pain, is remanded. 2. Entitlement to service connection for memory loss, to include as secondary to a psychiatric disorder, is remanded. 3. Entitlement to service connection for migraine is remanded. 4. Entitlement to service connection for a heart disability is remanded. In the JMR filed with the Court, the parties to the appeal agreed that the Board erred in failing to address whether the Veteran's complete VA treatment records had been associated with the claims file. Specifically, the parties noted that at the time of the Board's June 2020 decision, there were no VA treatment records associated with the claims file after May 2017. Since the time of the Court's May 2021 order, additional VA treatment records dated through July 2020 have been associated with the claims file. However, more than a year has passed since the time that those records were procured. Because it appears that the Veteran receives regular and ongoing treatment at VA facilities, additional development is warranted. The parties to the appeal also noted in the JMR that an April 2017 VA examiner who conducted a mental disorders examination attributed the Veteran's reported migraines to a psychiatric condition. In light of that, the parties agreed that the Board must consider and address whether the Veteran's headaches are secondary to his service-connected schizoaffective disorder. The Board has reviewed the April 2017 VA examination report. Although the examiner noted that the Veteran's migraine condition was relevant to the understanding or management of his psychiatric disorder, identified as schizoaffective disorder and alcohol use problem, the examiner did not undertake any particularized analysis with respect to the likelihood that the Veteran's migraine condition had been caused or aggravated by his service-connected psychiatric disorder. Under the circumstances, another examination is warranted. These matters are REMANDED for the following actions: 1. Obtain copies of records pertaining to any VA treatment the Veteran has received since the time that such records were last procured, following the procedures set forth in 38 C.F.R. § 3.159. The evidence obtained, if any, should be associated with the record. 2. After the foregoing development has been completed to the extent possible, arrange to have the Veteran scheduled for a VA examination for headaches. The examiner should review the record. All indicated tests should be conducted and the results reported. After examining the Veteran and reviewing the record, together with the results of any testing deemed necessary, the examiner should offer an opinion as to whether it is at least as likely as not (i.e., whether it is 50 percent or more probable) that the Veteran's migraine condition had its onset in, or is otherwise attributable to, the Veteran's period of active service. If it is the examiner's opinion that it is unlikely that the Veteran's migraine condition had its onset, or in otherwise directly attributable to service, the examiner should provide a further opinion as to whether it is at least as likely as not that the Veteran's migraine condition has been (a) caused or (b) aggravated (i.e., worsened beyond natural progression) by his service-connected schizoaffective disorder. A complete medical rationale for all opinions expressed must be provided. 3. After completing the above, and any other development as may be indicated by any response received as a consequence of the actions taken in the preceding paragraphs, the issues on appeal should be readjudicated based on the entirety of the evidence. If any benefit sought remains denied, the Veteran and his representative should be issued a supplemental statement of the case. DAVID A. BRENNINGMEYER Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Joseph T. Leonard, 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.