Citation Nr: A21017232
Decision Date: 10/25/21	Archive Date: 10/25/21

DOCKET NO. 210726-175244
DATE: October 25, 2021

REMANDED

Entitlement to service connection for migraines is remanded.

REASONS FOR REMAND

The Veteran served on active duty from August 2001 to May 2005.

The rating decision on appeal was issued in August 2020.  The Veteran timely appealed this rating decision to the Board of Veterans' Appeals (Board) and requested direct review of the evidence considered by the Agency of Original Jurisdiction (AOJ).  See July 2021 VA Form 10182.

The record contains an opinion from Dr. C.C. finding it is at least as likely as not the Veteran's current headaches are due to an undiagnosed Gulf War illness.  The Veteran stated in October 2019 correspondence that he deployed to Iraq in 2002 and 2004.  Service personnel records (SPRs) noted deployments in 2002 and 2004 in support of OEF/OIF, but does not specify where the Veteran served.  The Veteran's DD Form 214 noted deployments, but only sea service.  

Overall, the Board finds that additional development is needed to clarify whether the Veteran served in Southwest Asia.  The AOJ's failure to conduct adequate development to determine whether the Veteran served in the Southwest Asia theatre of operations constitutes a pre-decisional duty to assist error.

The matter is REMANDED for the following action:

The AOJ should take all appropriate steps to verify whether the Veteran served in the Southwest Asia theater of operations. 

 

 

DONNIE R. HACHEY

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	A. Zheng, 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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.