Citation Nr: 20003214
Decision Date: 01/14/20	Archive Date: 01/14/20

DOCKET NO. 14-15 974A
DATE: January 14, 2020

REMANDED

Entitlement to service connection of a headache disorder is remanded.

REASONS FOR REMAND

The Veteran served on active duty from September 1967 to September 1969.

This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a July 2012 rating decision issued by a Department of Veterans Affairs (VA) Regional Office (RO).  

In May 2018 the Veteran testified before the undersigned Veterans Law Judge.  A transcript of that hearing is of record.  

As a matter of procedural background, this issue came before the Board in July 2018, at which time it denied the claim and remanded several other issues for further development.  The Veteran appealed that denial to the United States Court of Appeals for Veterans Claims (Court).  In June 2019, the Court granted a Joint Motion for Remand (JMR), in which the parties agreed that the issue of service connection for a headache disorder should be reversed and remanded to the Board for further development as delineated in the JMR.  

1. Entitlement to service connection of a headache disorder is remanded.

In adjudicating the claim of entitlement to service connection for a headache disorder, the Board notes that a VA examiner from July 2012 concluded that the Veteran’s headache disorder was not related to service because there was no documentation of complaints or diagnosis of headaches between October 2010 and June 2012.  This conclusion, however, appears to be based on an incorrect factual premise as the record reflects that on at least two occasions during that period (January 2011 and October 2010), the Veteran complained of headaches.  

As such, claim should be remanded so that an addendum opinion may be obtained which addresses the question based on the Veteran’s complete medical history, to include the two medical records noted above.  

The matters are REMANDED for the following action:

1. Invite the Veteran to submit any additional evidence in support of her claim.

2. Obtain an addendum opinion from an appropriate clinician regarding whether the Veteran’s present headache disorder is at least as likely as not related to active service, to include her recorded in-service migraine incident.  In providing the requested opinion, the examiner should conduct a thorough review of the evidence of record.  Specifically, the examiner should address any treatment for headaches since separation, with particular attention to the October 2010 and January 2011 complaints discussed in the JMR, but also include consideration of any other documented complaints of headaches.  

 

The examiner should also consider the Veteran’s own reported history of headaches since active service.  

 

 

B.T. KNOPE

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	M. Pryce, Counsel