Citation Nr: 18142022 Decision Date: 10/12/18 Archive Date: 10/12/18 DOCKET NO. 16-32 774 DATE: October 12, 2018 ORDER Entitlement to service connection for a headache disorder, diagnosed as migraine and variant migraine headaches, is granted. FINDING OF FACT The medical evidence establishes that a headache disorder, diagnosed as migraine and variant migraine headaches, had its onset during active service. CONCLUSION OF LAW The criteria for service connection for a headache disorder, diagnosed as migraine and variant migraine headaches, have been satisfied. 38 U.S.C. §§ 1110, 5107 (2014); 38 C.F.R. §§ 3.102, 3.303, 3.317 (2017). REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from May 2000 to May 2004. He served in the Southwest Asia (SWA) theater of operations from February to June 2003. Service Connection Under the relevant laws and regulations, service connection may be granted for a disability resulting from disease or injury incurred in or aggravated by active service. 38 U.S.C. § 1131 (2012). Generally, the evidence must show: (1) the existence of a present disability; (2) in-service incurrence or aggravation of a disease or injury; and (3) a causal relationship between the present disability and the disease or injury incurred or aggravated during service. Shedden v. Principi, 391 F.3d 1163, 1166-67 (Fed. Cir. 2004). The Veteran has argued that he developed a headache disorder during active service, and that these headaches have continued from before his discharge in 2004 to the present. See June 2016 Substantive Appeal; October 2013 Notice of Disagreement. In support of his argument, he presented the statement of his lay witness, a fellow Marine with whom the Veteran served, and with whom he maintained contact after discharge. The witness, E.D., stated he observed the Veteran to have severe migraine headaches during active duty in Iraq and Kuwait. The headaches continued after their return from SWA and seemed to worsen. See March 2014 Buddy Statement (filed as Correspondence, rec’d 3/13/2014). There is no dispute as to elements one and two under Shedden. The Veteran is diagnosed with migraine headaches, and migraine variant headaches. See May 2016 VA Examination for Headaches. In addition, the Board finds that the Veteran’s statements describing his in-service headaches, with that of his witness, E.D., are sufficient evidence to establish that the Veteran experienced recurring headaches during active service. See Layno v. Brown, 6 Vet. App. 465, 469 (1994); see also Jandreau v. Nicholson, 492 F.3d 1372, 1377 (Fed. Cir. 2007). However, the record presents dispute as to the etiology, or causal link, between the observed in-service headache disorder and the currently diagnosed migraine headaches and migraine variant headaches. After careful analysis, and according the Veteran all benefit of the doubt, the Board finds that the currently diagnosed migraine and migraine variant headaches had their onset during the Veteran’s active service. VA examiners in September 2013 and on May 16, 2016 opined that the currently diagnosed headache disorder is not etiologically related to the Veteran’s active service, based on the rationale that service treatment records show no objective evidence of complaints of, treatment for, or diagnosis of, headaches during active service. See September 2013 and May 16, 2016 VA Medical Opinions for Headaches. However, the September 2013 and May 16, 2016 VA examiners did not provide in their rationales any explanation as to why the Veteran’s lay statements were not adequate to establish the in-service incurrence of headaches, and the May 16, 2016 VA examiner did not explain why the Veteran’s witness’ observations of the Veteran’s head pain were insufficient to corroborate the Veteran’s assertions. The Board thus finds that the negative September 2013 and May 16, 2016 VA medical opinions to be inadequate for the purpose of adjudicating this claim. See Stefl v. Nicholson, 21 Vet. App. 120, 124 (2007). This leaves the August 2013 and May 31, 2016 VA examinations and opinions in which VA examiners found that the currently diagnosed migraine and variant migraine headaches had their onset during active service. See August 2013 VA Neurological Examination for Headaches (filed under VA Examination (rec’d 8/28/2013), pp. 39-44 of 44); and May 31, 2016 VA Examination for Headaches. Of particular import, the May 31, 2016 VA examiner highlighted the statement provided by the Veteran’s witness, noting the lay statements provided corroborated that the Veteran’s headache symptoms occurred during his active service. See May 31, 2016 VA Examination for Headaches, p. 3.   The Board finds persuasive the evidence supporting a finding that the Veteran’s migraine and migraine variant headaches had their onset during his active service. Accordingly, service connection for migraine and migraine variant headaches is appropriate. DONNIE R. HACHEY Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD L.J. Bakke, Counsel