Service Connect Disability and filing claims with the VA
1. Service Connect Disability and filing claims with the VA
See Charles v. Principi, 16 Vet. App. 370
(2002) (Observing that under 38 U.S.C.A. § 5103A(d)(2), VA
was to provide a medical examination as "necessary to make a
decision on a claim, where the evidence of record, taking
into consideration all information and lay or medical
evidence [including statements of the claimant]; contains
competent evidence that the claimant has a current
disability, or persistent or recurrent symptoms of
disability; and indicates that the disability or symptoms may
be associated with the claimant's active military, naval, or
air service; but does not contain sufficient medical evidence
for the [VA] to make a decision on the claim."). Therefore,
the Board is of the opinion that the veteran has provided
evidence of current disabilities and testimony of persistent
symptoms since her discharge from service and as such, a VA
examination should be obtained.
Accordingly, the case is REMANDED for the following action:
1. The RO/AMC should advise the veteran
of the option of submitting lay testimony
and other alternate sources of evidence in
support of the claims, including but not
limited to letters to and from the veteran
during the course of military service that
corroborate in-service events; letters of
commendation or appreciation dating from
military service that would substantiate
her account of military service events;
accounts, statements, and letters from
family, friends, acquaintances, and co-
workers, detailing the makers'
recollection of the development of the
veteran's in-service and post-service
history as to the claimed disorders; post-
service employment physical examinations,
insurance claims, and any other material
that would indicate that the veteran's
disorders were incurred in or as a result
of any incident of active military
service.
2. 2. The RO/AMC should contact the veteran
and ask her to specify all medical care
providers who treated her for headaches,
abdominal or stomach pain, numbness of the
extremities, pain in the toes, intestinal
problems and menstrual problems. The
RO/AMC should then obtain and associate
with the claims file any records
identified by the veteran that are not
already associated with the claims file.
The veteran should be specifically asked
to complete an authorization for release
of medical records for the treatment she
received from Dr. Jill Corrigan. The
veteran should also be asked to complete
an authorization for the University of
Mississippi Medical Center.
3. The RO/AMC should obtain and associate
with the claims file updated medical
records, demonstrating treatment from
September 2003 until present, from Dr.
Bill Maddox.
4. The veteran should be afforded a VA
examination to ascertain the nature and
etiology of all disorders that may be
present. Any and all indicated
evaluations, studies and tests deemed
necessary by the examiner should be
accomplished. The examiner is requested
to review all pertinent records associated
with the claims file, and following this
review and the examination render an
opinion as to the following:
a) Are there any current diagnosed
conditions related to:
1) Headaches;
2) Abdominal or stomach pain;
3) Numbness of the extremities;
3. 4) Intestinal problems;
5) Pain in the feet; or
6) Menstrual pain and heavy
bleeding.
b) If there are currently diagnosed
disabilities, the examiner is requested
to express an opinion as to whether the
Veteran Disability and being Service Connected, Veteran Disability and being Service
Connected, Veteran Disability and being Service Connected