Citation Nr: 18148120 Decision Date: 11/08/18 Archive Date: 11/06/18 DOCKET NO. 16-45 482 DATE: November 8, 2018 ORDER Service connection for residuals of a traumatic brain injury(TBI) is denied. FINDING OF FACT The preponderance of the evidence is against finding that the Veteran has residuals of TBI that began during active service, or is otherwise related to an in-service injury. CONCLUSION OF LAW The criteria for service connection for residuals of a traumatic brain injury have not been met. 38 U.S.C. §§ 1131, 5107(b); 38 C.F.R. §§ 3.102, 3.303(a). REASONS AND BASES FOR FINDING AND CONCLUSION Service connection for residuals of TBI. The Veteran contends that he has migraine headaches, difficulty concentrating, and mild memory loss that are caused by or related to a traumatic brain injury he received as a result of a May 1984 motor vehicle accident during active service. The Board concludes that, although the Veteran was involved in a MVA during service, the preponderance of the evidence of record is against finding that the Veteran has, or has had at any time during the appeal, a current diagnosis of residuals of TBI. 38 U.S.C. §§ 1131, 5107; 38 C.F.R. § 3.303. Service treatment records (STRs) reflect no complaints or findings for residuals of TBI to include headaches, difficulty concentrating, or memory loss. STRs reflect that, per a May 1984 ambulance trip report, the Veteran was found conscious, alert, standing up, and walking around at the scene of a MVA. An in patient hospital treatment record shows the Veteran was diagnosed with concussion syndrome. A February 1985 separation examination reflects the Veteran’s self- reported of being good health. At that time, he denied he never had frequent or severe headaches, loss of memory, or periods of unconsciousness. The report noted there were no physical or mental defects that warranted a medical disposition. Residuals of concussion syndrome were not shown on service separation. The first documented report of residuals of TBI are on the Veteran’s December 1997 VA disability claim and supporting statement. At this time, the Veteran asserted that he had been having migraine headaches since the in service MVA, but had not needed treatment until 1997. Further, the Veteran reported at a December 1997 medical examination that he had had migraine headaches in the past and a history of head injury with loss of consciousness. However, the Veteran’s statements are not supported by the evidentiary record. An August 2000 VA neurology consultation report reflects that the Veteran complained of constant severe headaches that began after the motor vehicle accident. The neurologist found the Veteran had common migraines exacerbated by rebound pain due to overuse of over the counter pain medicine, but did not attribute the migraines to any service related illness, injury, or event. An August 2012 VA examination reflects complaints of mild memory loss and difficulty both concentrating and following procedures. However, the examiner found the Veteran had not been diagnosed with a traumatic brain injury. The examiner noted that STRs showed no complaints of, treatment for, or diagnosis of headaches during service. Objectively, there was normal judgment, normal communication, and normal consciousness. The Veteran was oriented to person, time, place, and situation, had normal motor activity, and normal spatial orientation. The examiner found the Veteran had mild or occasional headaches that did not interfere with work, daily living, or close relationships. The examiner found that it was less likely than not that the Veteran’s symptoms were the result of the head injury in service, given the absence of documented in-service treatment or complaints. The examiner determined that the Veteran’s cognitive deficits were more likely than not due to a long history of drug and alcohol abuse that preceded service. The medical evidence does not support the claim as it does not show that the Veteran has residuals of TBI incurred in or otherwise related to in-service injury, including the 1984 MVA. The Board has considered the lay evidence from the Veteran and his spouse. His spouse reported that the Veteran had constant headaches. The Board accepts that the Veteran is competent to report his symptoms (i.e. headache), the onset of those symptoms, and treatment. Layno v. Brown, 6 Vet. App. 465, 469 (1994); see also Falzone v. Brown, 8 Vet. App. 398, 405 (1995). Similarly, his spouse competent to report her observations. However, neither the Veteran nor his spouse is competent to attribute any symptoms of headache to in-service injury or symptoms as they lack the requisite medical expertise and training to formulate a medical opinion. See Jandreau v. Nicholson, 492 F.3d 1372, 1377 (Fed. Cir. 2007). Also, the Board finds that the Veteran’s report to VA of headache problems in service is not credible in view of the STRs showing essentially normal neurological clinical evaluations at separation and his denial of headache. Therefore, his statements in this regard have diminished probative value. The Board assigns greater probative value to the service separation examination, which shows essentially normal neurological examination (and no complaints or findings for headache or other symptoms attributable to a traumatic brain injury), and the August 2012 VA examination report. This coupled with the many years intervening service and the first documented complaints further weigh against the claim. The medical evidence is more probative than the Veteran’s unsupported medical opinion as it was prepared by skilled, neutral medical professionals after examination of the Veteran. The Board observes that the Veteran has not presented a favorable medical opinion to weigh in this matter. In the absence of proof of a present disability due to disease or injury, there can be no valid claim. Brammer v. Derwinski, 3 Vet. App. 223, 225 (1992). Accordingly, the claim is denied. There is no doubt to resolve. 38 U.S.C. § 5107(b). C.A. SKOW Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD Gillian A. Flynn, Associate Counsel