Citation Nr: 18156466
Decision Date: 12/11/18	Archive Date: 12/10/18

DOCKET NO. 16-61 530
DATE:	December 11, 2018
ORDER
Entitlement to service connection for migraine headaches is granted.
FINDING OF FACT
The Veteran’s migraine headache disability is aggravated by his service-connected tinnitus.
CONCLUSION OF LAW
The criteria for entitlement to service connection to migraines, to include as secondary to a service connected disability, have been met.  38 U.S.C. §§ 1110, 5107(b); 38 C.F.R. §§ 3.102, 3.310(a).


REASONS AND BASES FOR FINDING AND CONCLUSION
The Veteran served in the United States Army October 1977 through April 1983.  He was honorably discharged.
This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a May 2014 rating decision from the Department of Veterans Affairs (VA) Regional Office (RO) located in Baltimore, Maryland.
Entitlement to service connection for migraines, to include as secondary to a service connected disability.
Service connection may be established on a secondary basis for a disability that is proximately due to, or the result of, a service-connected disability.  38 C.F.R. § 3.310 (a).  Secondary service connection may be established for a disorder that is caused or aggravated by a service-connected disability.  Id. § 3.310(b); Allen v. Brown, 7 Vet. App. 439, 44748 (1995).  To establish secondary service connection, the record must show: (1) evidence of a current disability; (2) evidence of a service-connected disability; and (3) a connection between the service-connected disability and the current disability.  See Wallin v. West, 11 Vet. App. 509, 511 (1998).
The Veteran submitted medical records from April 2018 that document his history and current diagnosis for migraines.  Service connection for tinnitus has been in effect since December 2013.  Accordingly, the first and second elements of secondary service connection are satisfied. 
In support of his appeal, the Veteran submitted an April 2018 disability benefits questionnaire (DBQ). Dr. H.S. determined the Veteran’s migraine headaches are as likely as not to be caused and aggravated by his service-connected tinnitus. He explained that the auditory damage that caused tinnitus was known to cause headaches. Reference was made to the Veteran experiencing migraines two to three times per week.  
Consideration has been given October 2013 VA medical records where Dr. S.G. opined the Veteran’s symptoms are most consistent with tension headaches not migraines and are likely due to increased stress.  However, that opinion is no more or less probative than Dr. H.S.’s positive opinion. Such places the evidence of there being a connection between the service-connected disability and the current disability in equipoise. The Veteran has satisfied the third element for secondary service connection.  
In light of the foregoing, entitlement to service connection for migraines is granted.
 
MICHAEL A. HERMAN
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	M. Mahmoudi, Associate Counsel