Citation Nr: 21001444 Decision Date: 01/08/21 Archive Date: 01/08/21 DOCKET NO. 18-05 717 DATE: January 8, 2021 REMANDED Entitlement to service connection for migraine headaches, to include as secondary to service-connected endometriosis, allergic rhinitis, and/or persistent depressive disorder, is remanded. REASONS FOR REMAND The Veteran served on active duty in the U.S. Army from January 2002 to July 2006. This matter comes to the Board of Veterans’ Appeals (Board) on appeal from a September 2016 rating decision issued by a Department of Veterans Affairs (VA) Regional Office. In January 2020, the Board, in pertinent part, denied the Veteran’s claim for service connection for migraine headaches. She appealed that decision to the United States Court of Appeals for Veterans Claims (Court). In August 2020, the Court granted a Joint Motion for Partial Remand (JMPR) filed by the parties to the appeal (the Veteran, through her attorney, and representatives from VA General Counsel), thereby vacating the Board’s decision insofar as it denied service connection for migraine headaches and remanding that matter for readjudication. Entitlement to service connection for migraine headaches, to include as secondary to service-connected endometriosis, allergic rhinitis, and/or persistent depressive disorder, is remanded. The Veteran contends that her headaches were incurred in or caused by service. She also contends that they are secondary to her service-connected endometriosis, allergic rhinitis, and/or persistent depressive disorder. In the August 2020 JMPR filed with the Court, the parties agreed that the Board erred when it relied on July 2015, June 2016, and July 2017 VA medical opinions in denying the Veteran’s claim. For various reasons, the parties agreed that each of the prior opinions were inadequate to decide the claim, and further agreed that a new opinion was required. The Board therefore finds that a remand is required in order to comply with the August 2020 JMPR. On remand, the new VA examiner should take into account several pieces of relevant evidence in formulating his or her opinion. First, the Veteran complained of headaches in June 2005 and October 2005 service treatment records (STRs), though she was not diagnosed with a headache condition on either occasion. Second, the Veteran also indicated at the time of her February 2006 separation examination that she had had frequent or severe headaches and stated that she took medication to help with her headaches. Third, in a January 2015 VA treatment record, a provider diagnosed headaches and stated that they were likely secondary to allergic rhinitis. The Board finds the January 2015 VA treatment provider’s statement inadequate for an award of service connection because it is not supported by any rationale. The new VA examiner should, however, take the January 2015 VA provider’s statement into consideration. This matter is REMANDED for the following action: 1. Obtain copies of records pertaining to any VA treatment the Veteran has received since the time that such records were last procured, following the procedures set forth in 38 C.F.R. § 3.159. The evidence obtained, if any, should be associated with the record. 2. Arrange to have the Veteran scheduled for a VA examination of her migraine headaches. The examiner should review the record. After examining the Veteran and reviewing the record, the examiner should offer an opinion as to whether it is at least as likely as not (i.e., whether it is 50 percent or more probable) that the Veteran’s migraine headaches had their onset in, or are otherwise attributable to, service. In so doing, the examiner should consider the June 2005 and October 2005 STRs that show the Veteran reported having headaches in service. The examiner should also consider the Veteran’s report at the time of her February 2006 separation examination that she had had frequent or severe headaches and had taken medication for them. If it is the examiner’s opinion that it is unlikely that the Veteran’s migraine headaches had their onset in, or are otherwise attributable to, service, the examiner should offer a further opinion as to whether it is at least as likely as not that the Veteran’s migraine headaches have been (a) caused or (b) aggravated (i.e., worsened beyond their natural progression) by any of the Veteran’s service-connected disabilities, to include endometriosis, allergic rhinitis, and/or persistent depressive disorder. A complete medical rationale for all opinion(s) expressed must be provided. After completing the above, and any other development as may be indicated by any response received as a consequence of the actions taken in the preceding paragraphs, the issue on appeal should be readjudicated based on the entirety of the evidence. If the benefit sought remains denied, the Veteran and her representative should be issued a supplemental statement of the case. An appropriate period of time should be allowed for response. DAVID A. BRENNINGMEYER Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board R. Oldroyd, 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.