Citation Nr: 20004455
Decision Date: 01/23/20	Archive Date: 01/21/20

DOCKET NO. 15-10 353
DATE: January 23, 2020

ORDER

Service connection for migraine headaches is granted.

FINDING OF FACT

Resolving reasonable doubt in the Veteran’s favor, his migraine headaches are at least as likely as not related to in-service head trauma.

CONCLUSION OF LAW

The criteria for service connection for migraine headaches are met.  38 U.S.C. §§ 1110, 1131, 5107; 38 C.F.R. §§ 3.102, 3.303.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty from November 1983 to October 1987. The Board remanded this case to the Agency of Original Jurisdiction (AOJ) in October 2019 for additional development.  After substantial compliance with the Board remand directives by the AOJ, the case has since been returned to the Board for appellate review.

Entitlement to service connection for migraine headaches

The Veteran contends that head trauma from a fight during basic training caused his headaches, which have continued since service.

The Board concludes that the Veteran has a current disability that began during active service and is related to in-service head trauma.  38 U.S.C. §§ 1110, 1131, 5107(b); Holton v. Shinseki, 557 F.3d 1363, 1366 (Fed. Cir. 2009); 38 C.F.R. § 3.303(a).

In March 2019, a VA examiner diagnosed the Veteran with migraines with onset in 1987. Multiple lay statements and buddy statements have noted that the Veteran was involved in a fight during basic training and incurred a blow to the head which resulted in a laceration. Thus, the question becomes whether the current disability is related to service.  

In December 2019, the Veteran underwent a VA examination for headaches. Although it appears that the AOJ has not considered this evidence, in light of the Board’s favorable decision this date, there is no prejudice to the Veteran in considering this evidence in the first instance. On December 2019 VA examination, the Veteran was diagnosed with migraine headaches including migraine variants with onset in 1987.  The Veteran reported onset of migraines during basic training when he sustained head trauma as a result of an assault.  He reported headaches 3-4 times per week since.  The VA examiner opined that the Veteran’s headaches were at least as likely as not incurred in or caused by the claimed in-service injury as migraine onset occurred after head trauma and had continued since.  The examiner noted that the Veteran’s lay contention was credible as it was supported by private treatment records and medical literature on head trauma.  

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Upon review of the record, the Board finds the evidence to at least be in equipoise as to whether the Veteran’s current migraine headaches are related to service.  Accordingly, after resolving all doubt in favor of the Veteran, the Board finds that service connection for migraine headaches is warranted.  38 U.S.C. § 5107; 38 C.F.R. § 3.102.

 

 

S. L. Kennedy

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	J. Costello, Associate Counsel

The Board’s decision in this case is binding only with respect to the instant matter decided. This decision is not precedential, and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.