Citation Nr: 20021178
Decision Date: 03/24/20	Archive Date: 03/24/20

DOCKET NO. 10-35 579
DATE: March 24, 2020

ORDER

Entitlement to service connection for headaches, to include as secondary to a service-connected disability, is granted.

FINDING OF FACT

The weight of the probative evidence of record shows that the Veteran’s headaches were caused or aggravated by his service-connected neck disability.

CONCLUSION OF LAW

The criteria for entitlement to service connection for a headache disability, to include as secondary to a service-connected disability, have been met. 38 U.S.C. §§ 1110, 5103A, 5107; 38 C.F.R. §§ 3.303, 3.310.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty in the United States Army from February 2003 to May 2004, with additional service in the Reserves. He has received multiple awards and medals including the Combat Action Badge.

In November 2011, the Veteran testified at a videoconference hearing before a Veterans Law Judge (VLJ).  A transcript of that hearing has been associated with the claims file.  In July 2015, the Board notified the Veteran that the VLJ who conducted the Board of Veterans’ Appeals (Board) hearing was no longer employed at the Board.  The Veteran was provided the opportunity to request another hearing on the appeal issue and was advised that if the Veteran did not respond within 30 days, the Board would assume that he did not want another hearing and would proceed accordingly.  In August 2015, the Veteran responded that he did not want another hearing and requested that his claims be decided based on the evidence of record. 

The case was remanded several times, most recently in November 2017. 

Establishing service connection generally requires medical or, in certain circumstances, lay evidence of (1) a current disability; (2) an in-service incurrence or aggravation of a disease or injury; and (3) a nexus between the claimed in-service disease or injury and the present disability. Davidson v. Shinseki, 581 F.3d 1313 (Fed. Cir. 2009). 38 U.S.C. §§ 1110, 1131; 38 C.F.R. § 3.303.

Service connection may be established on a secondary basis for a disability which is shown to be proximately due to, the result of, or chronically aggravated by, a service-connected disease or injury. 38 C.F.R. § 3.310(a). Allen v. Brown, 7 Vet. App. 439 (1995) (en banc). 

After the most recent remand, the Agency of Original Jurisdiction (AOJ) granted service connection for a cervical spine disability. See July 2019 rating decision.  

The Veteran testified that his headaches started after he injured his neck in service. See November 2011 Hearing Testimony.

After thorough consideration of the evidence of record, the Board concludes that service connection for a headache disorder is warranted. A March 2013 VA examination included a diagnosis of tension headaches and that examiner’s opinion that the headaches were likely secondary to the in-service neck injury. There is no competent medical evidence against the claim. 

Service connection for a headache disability is warranted. 

 

M.E. Larkin

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	T. Jones Council, 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.