Citation Nr: 20004581 Decision Date: 01/21/20 Archive Date: 01/21/20 DOCKET NO. 14-37 503 DATE: January 21, 2020 REMANDED Service connection for migraine headaches, to include as secondary to service-connected acquired psychiatric disabilities, is remanded. REASONS FOR REMAND The Veteran served on active duty from March 1976 to May 1984. This matter is before the Board of Veterans’ Appeals (Board) on appeal from a May 2011 rating decision. In November 2016, the Veteran testified at a hearing before the undersigned Veterans Law Judge of the Board. In May 2018, the Board remanded this matter for additional development. Service connection for acquired psychiatric disabilities, which was previously associated with this appeal stream, was granted by the RO in a May 2019 rating decision. Service connection for migraine headaches, to include as secondary to service-connected acquired psychiatric disabilities, is remanded. Despite the regrettable delay, an additional remand is necessary because there was not the required substantial compliance with the Board’s previous remand directives, as noted in the Veteran’s November 2019 appellate brief. See Stegall v. West, 11 Vet. App. 268 (1998). Specifically, the February 2019 examiner did not provide the required opinion on secondary service connection requested in the Board’s January 2018 remand directives. The matter is REMANDED for the following action: 1. Please note that, by law, all remanded claims must be processed expeditiously. 2. Obtain all updated records of VA treatment (from October 2019 to present). 3. Please request directly from the Social Security Administration all records, including determinations and medical records, regarding any claim for disability benefits. All attempts to fulfill this development should be documented in the claim file. If the records are unavailable, it should so be noted on the record and the reason for unavailability should be provided. 4. Then please obtain an addendum medical opinion from the February 2019 headaches examiner. If the February 2019 examiner is not available, please have another appropriate VA examiner review the file and provide the requested opinions. If another examination is deemed necessary, please attempt to schedule the Veteran for an examination at the Baltimore VAMC or by video or telephone. a) Is it at least as likely as not (a 50 percent or better probability) that the Veteran’s migraine headache disability was CAUSED by the Veteran’s service-connected acquired psychiatric disabilities? b) Is it at least as likely as not (a 50 percent or better probability) that the Veteran’s migraine headache disability was AGGRAVATED by the Veteran’s service-connected acquired psychiatric disabilities? (The examiner is advised that AGGRAVATION means ANY increase in severity beyond natural progression.) The examiner’s attention is drawn to the following records (the following is a brief factual background and not intended to be a substitute for your review of the claims folder): • The February 2019 headache examination report where the Veteran reported that his migraines worsened due to stress and anxiety associated with his established in-service assault. • The February 2019 mental health examination report where the Veteran reported that thinking of his in-service assault and the associated trauma triggers his migraines. A detailed explanation (rationale) is required for all opinions provided and is very much appreciated. (By law, the Board is not permitted to rely on any conclusion that is not supported by a thorough explanation.) VICTORIA MOSHIASHWILI Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board N. Robinson, 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.