Citation Nr: 20052987 Decision Date: 08/10/20 Archive Date: 08/10/20 DOCKET NO. 14-41 563 DATE: August 10, 2020 REMANDED Entitlement to service connection for headaches to include service-connected tinnitus on a secondary basis is remanded. REASONS FOR REMAND The Veteran had active military service from April 1970 to January 1972. This case comes before the Board of Veterans’ Appeals (Board) on appeal from an April 2014 rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO). This case was previously before the Board in August 2018, at which time the issue currently on appeal was remanded for additional development. The case has now been returned to the Board for further appellate action. Service Connection – Headaches The Board finds that additional development is required before the claim on appeal is decided. In the August 2018 remand, the Board directed that a VA medical opinion be obtained to determine the nature and etiology of the Veteran’s headaches, to include whether they are caused or aggravated by his service-connected tinnitus. A review of the record shows that the directed medical opinion was obtained in July 2019. At that time, the VA examiner opined that the Veteran’s headaches were less likely as not proximately due to or the result of the Veteran’s service-connected tinnitus. In so finding, the VA examiner noted that the Veteran did not have a diagnosis of headaches, but acknowledged that no work-up or neurology notes were present in the claims file. The examiner also noted that there was not enough medical documentation that the Veteran’s ringing in the ears would, or could cause headaches; and, that there were multiple clauses of headaches and there was no evidence that his were caused by tinnitus. The Board finds that the July 2019 VA medical opinion is inadequate. In this regard, the Board notes that the examiner did not consider the Veteran’s lay statements regarding onset of his symptoms. Further, the examiner did not address whether tinnitus could aggravate headaches. Therefore, the Board finds that the development conducted does not adequately comply with the August 2018 Board remand directives. Compliance with a remand is not discretionary, and failure to comply with the terms of a remand necessitates remand for corrective action. Stegall v. West, 11 Vet. App. 268 (1998). Accordingly, the Veteran should be afforded a VA examination to determine the nature and etiology of his headaches. The matters are REMANDED for the following action: 1. Identify and obtain any pertinent, outstanding VA and private treatment records and associate them with the claims file. 2. Then, schedule the Veteran for a VA examination, by an examiner who has not previously examined the Veteran or provided an opinion in this appeal, to determine the nature and etiology of the Veteran’s headaches. The claims file must be made available to, and reviewed by the examiner. Any indicated tests and studies must be performed. Based on the examination results and review of the record, the examiner must provide an opinion as to whether it is at least as likely as not (50 percent or better probability) that any currently present headaches are caused or aggravated by the Veteran’s service-connected tinnitus. In forming the opinion, the examiner must consider the Veteran’s lay statements regarding the onset of his headaches. The rationale for all opinions expressed must be provided. 3. Confirm that the VA examination and all medical opinions provided comport with this remand and undertake any other development determined to be warranted. 4. Then, readjudicate the appeal. If the decision is adverse to the Veteran, issue a supplemental statement of the case and allow appropriate time for response. Then, return the case to the Board. Kristin Haddock Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board C. I. Franklin 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.