Citation Nr: 21001033 Decision Date: 01/06/21 Archive Date: 01/06/21 DOCKET NO. 14-34 512A DATE: January 6, 2021 REMANDED Entitlement to service connection for post-concussion syndrome (claimed as head injury) for the purpose of accrued benefits is remanded. Entitlement to service connection for migraine headaches for the purpose of accrued benefits is remanded. REASONS FOR REMAND The Veteran served on active duty from February 1966 to February 1970. In November 2019, the Board most recently remanded the issues below on appeal for further development, and the case has since been returned to the Board. The Board finds that, in part, the AOJ has not substantially complied with the remand directives. See Stegall v. West, 11 Vet. App. 268, 271 (1998). Entitlement to service connection for post-concussion syndrome (claimed as head injury) for the purpose of accrued benefits is remanded. Entitlement to service connection for migraine headaches for the purpose of accrued benefits is remanded. In the November 2019 Board remand, the AOJ was directed, in pertinent part, to arrange for the Veteran to be scheduled for a VA TBI protocol examination by an appropriate specialist. Specifically, the examiner was directed to address the Veteran’s symptoms he believes are related to his in-service head injury (documented shrapnel wound), to include his dizziness (emphasis added) and diagnosed vertigo, as well as his migraine headaches. While the Board notes that a direct opinion was provided in February 2020, the examiner did not discuss the Veteran’s symptoms of dizziness when providing his negative opinion. Accordingly, the Board finds that an addendum opinion is warranted. The matters are REMANDED for the following action: Obtain an addendum opinion from the February 2020 examiner. The examiner is requested to review all pertinent records associated with the claims file, including the Veteran’s service treatment records, post-service medical records, and lay statements. The examiner should clearly identify any (and all) TBI residual disability entities, pathology, manifestations, etc. If any symptoms or pathology that could potentially be found to be residuals of a TBI are attributed (instead) to a separate co-existing disability (either service-connected or nonservice-connected), there should be an explanation for the records as to why such symptom/pathology is attributed to the co-existing disability, and not to TBI. If any symptoms/pathology noted may be related either to TBI or to a separate co-existing disability (and cannot be dissociated from either) such should also be noted for the record, with explanation. The examiner is asked to specifically address the Veteran’s symptoms he believes are related to his in-service head injury   (documented shrapnel wound), to specifically include his dizziness. L. M. BARNARD Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board R. A. Elliott II, 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.