Citation Nr: 18145206 Decision Date: 10/26/18 Archive Date: 10/26/18 DOCKET NO. 17-06 583 DATE: October 26, 2018 REMANDED Entitlement to service connection for migraine headaches is remanded. REASONS FOR REMAND The Veteran had active service from July 1999 to July 2003. Entitlement to service connection for migraine headaches is remanded. The Veteran had a VA examination in December 2014 at which he was diagnosed with migraine headaches. He reported that while in the military he was treated multiple times for headaches, and that he continued to have migraine headaches. The examiner opined that it was less likely than not that the migraine headaches were incurred in or caused by an in-service injury, event, or illness. She noted that the Veteran was never seen or diagnosed with migraine headaches while on active service and that he gave contradictory answers on post-deployment questionnaires regarding headaches. The examiner also wrote that statements of record from individuals the Veteran served with regarding headaches during service do not indicate a diagnosis of migraine headaches. Probative value cannot be given to the VA examiner’s opinion. The rationale was based on the Veteran not having been diagnosed with migraine headaches during service, which is contradicted by May 2000 service treatment record that shows a complaint of migraine headaches. In May 2003 the Veteran indicated on a medical history report that he had not had frequent or severe headaches, and on a September 2003 post-deployment questionnaire he indicated having had headaches during deployment. In April 2004 the Veteran’s former non-commissioned officer wrote that he was aware of the Veteran having occasional migraine headaches at Camp Pendleton. The Veteran wrote in November 2014 that his headaches began after gas chamber training at Camp Pendleton in 2001. An individual who participated in the gas chamber training with the Veteran wrote in November 2014 that he complained of a mild headache after the training, and that later it progressed into a migraine headache. The Veteran became sensitive to light and experienced other related symptoms. The Board notes that the Veteran is considered competent to report his symptoms from during service. See Layno v. Brown, 6 Vet. App. 465, 470 (1994) (a Veteran is competent to report on that of which he or she has personal knowledge). Furthermore, the individuals who served with the Veteran are considered competent to report symptoms that they observed or diagnoses that were reported to them. The Veteran must therefore be scheduled for a new examination by another examiner before the claim can be decided on the merits. VA treatment records to December 2014 have been associated with the claims file. The RO should attempt to obtain all relevant VA treatment records dated from December 2014 to the present, while the claim is in remand status. Bell v. Derwinski, 2 Vet. App. 611 (1992). The matter is REMANDED for the following action: 1. Obtain VA treatment records from December 2014 to the present. 2. Schedule the Veteran for an examination by an appropriate clinician other than the December 2014 examiner to determine the nature and etiology of migraine headaches. The examiner must be given full access to the Veteran’s complete VA claims file and the Veteran’s electronic records for review. The examiner must opine whether it is at least as likely as not (50 percent or greater probability) that migraine headaches are related to an in-service injury, event, or disease. The examiner is advised that the term “at least as likely as not” does not mean within the realm of medical possibility, but rather that the medical evidence both for and against a conclusion is so evenly divided that it is as medically sound to find in favor of a certain conclusion as it is to find against it. The examiner must discuss the medical rationale for all opinions expressed, whether favorable or unfavorable, if necessary citing to specific evidence in the file. The examiner should include discussion of the May 2000 in-service treatment record for a migraine headache. Furthermore, the examiner should assume as credible the statements that the Veteran had headaches after gas chamber training during service and the non-commissioned officer’s statement that the Veteran had migraine headaches during service. If the examiner cannot provide his or her requested opinion without resorting to speculation, he or she should state why that is the case. Michael J. Skaltsounis Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD Scott Shoreman, Counsel