Citation Nr: 20005914 Decision Date: 01/23/20 Archive Date: 01/23/20 DOCKET NO. 18-11 876 DATE: January 23, 2020 ORDER Entitlement to service connection for paranoid personality disorder is dismissed. Entitlement to service connection for migraine headaches is granted. FINDINGS OF FACT 1. At his September 2019 Board hearing, prior to the promulgation of a decision in the appeal, the Veteran stated he wished to withdraw his claim for service connection for paranoid personality disorder, which then was confirmed by the Veteran’s authorized representative; there are no questions of fact or law in this matter remaining before the Board. 2. The Veteran’s migraine headache disability is caused by his service-connected traumatic brain injury. CONCLUSIONS OF LAW 1. The criteria for withdrawal of entitlement to service connection for paranoid personality disorder by the have been met. 38 U.S.C. § 7105; 38 C.F.R. § 20.205. 2. The criteria for service connection for migraine headaches have been met. 38 U.S.C. §§ 1110, 5107(b); 38 C.F.R. §§ 3.102, 3.310(a). REASONS AND BASES FOR FINDINGS AND CONCLUSIONS The Veteran served in the United States Army June 1978 through June 1981. He was honorably discharged. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a July 2017 rating decision from the Department of Veterans Affairs (VA) Regional Office (RO). A Board Video Conference was held with the undersigned Veterans Law Judge in September 2019. A transcript has been associated with the claims file. 1. Entitlement to service connection for paranoid personality disorder. The Board may dismiss any appeal which fails to allege specific error of fact or law in the determination being appealed. 38 U.S.C. § 7105. An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 20.204. Withdrawal may be made by a veteran or by his or her authorized representative. Id. Here, the Veteran attended a September 2019 Board hearing and stated that he was satisfied with a May 2018 VA rating decision which granted service connection for traumatic brain injury and assigned a disability evaluation of 70 percent, effective March 16, 2018. The Veteran was satisfied that the May 2018 rating essentially included many of the psychiatric symptoms he was experiencing. The Veteran’s authorized representative confirmed the Veteran’s decision to withdraw the issue. Both the Veteran and his representative understood that in withdrawing the issue, the Board will dismiss the issue without making findings of fact or conclusions of law on the withdrawn issue. Hence, there remain no allegations of error of fact or law for appellate consideration on such claim. The Board does not have jurisdiction to review the appeal in the matter, and it must be dismissed. 2. Entitlement to service connection for migraine headaches. At outset the Board notes that the Veteran is service connected for the residuals of a TBI and receiving a 70 percent rating for the same. In relation thereto it is also noted that the 70 percent rating is based on the psychiatric symptomatology alone. 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 has been diagnosed with migraine headaches. The Veteran was granted service connection for a traumatic brain injury which was incurred during service in 1978. Wallin elements (1) and (2) have been met. Turning to Wallin element (3), the record includes an April 2018 Residuals of Traumatic Brain Injury VA examination report where the examiner noted that the Veteran experienced headaches, including migraines which were attributable to his TBI. She stated that the Veteran was able to work through the residuals of his head injury and headaches because he accrues significant sick time and has used it in order to cope with his migraine disability. The examiner opined that the Veteran’s headaches due to his TBI. Consideration has been given an April 2017 VA examination that determined that the Veteran’s migraine headaches were less likely than not incurred in or caused by service. However, that opinion is no more or less probative than the April 2018 examiner’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 Wallin element (3). 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 Mohammad Mahmoudi, 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.