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carlie
I feel this information could be helpful for claimants
seeking to have a claim re-opened.
It's a case where the claimant's claim was allowed
to be re-opened due to submitting medical treatises.
Hope this helps a vet.
carlie
http://www.va.gov/vetapp07/files3/0724944.txt
In September 2003, the current claim to reopen was received
at the RO.
The prior denials of the claim had been essentially based
upon the finding that there was no evidence submitted that
the claimed migraine headaches were related in any way to
service. Accordingly, for evidence to be new and material in
this matter, it would have to tend to show that current
migraine headaches are linked to an in-service injury or
disease.
The additional evidence received since the rating decision of
August 2001 includes medical treatises from the Saint Louis
University Health Sciences Center, Division of Behavioral
Medicine, dated in May 1994, revealing the potential for
"the high prevalence of migraine [headaches] following low
back pain . . ..", and from the Back Clinic, Ringe, Denmark,
dated in May 2003, revealing a positive association between
low back pain and other physical disorders, including
migraine headaches.
Assuming its credibility, this evidence received since the
August 2001 denial is neither cumulative nor redundant, and
by itself, and in particular when viewed in connection with
previous evidence of record (namely the existence of a
service-connected low back disorder), relates to an
unestablished fact necessary to substantiate the claim and
raises a reasonable possibility of substantiating the claim
of entitlement to service connection for migraine headaches.
The Board finds that the noted evidence received subsequent
to the RO's August 2001 rating decision denial is new and
material as it provides medical evidence that current
migraine headaches are related to the veteran's service, on
the basis of their potential secondary relationship to a
service-connected disability. As a result, the requirements
to reopen the claim of entitlement to service connection for
migraine headaches have been met. Accordingly, the veteran's
claim is reopened. 38 U.S.C.A. § 5108; 38 C.F.R. §§ 3.156,
3.159, 3.304.
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