Citation Nr: 21067622 Decision Date: 11/04/21 Archive Date: 11/04/21 DOCKET NO. 18-13 837 DATE: November 4, 2021 ORDER Entitlement to service connection for migraine headaches is granted. FINDING OF FACT Resolving reasonable doubt in the Veteran's favor, her migraine headaches are at least as likely as not related to her military service. CONCLUSION OF LAW The criteria for service connection for migraine headaches are met. 38 U.S.C. §§ 1110, 1131, 5107; 38 C.F.R. §§ 3.102, 3.303. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty in the United States Air Force from October 1996 to December 2001, and from March 2002 to March 2005. For her meritorious service, the Veteran was awarded (among other decorations) the Air Force Achievement Medal. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a February 2017 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO). In October 2021, the Veteran testified at a video conference hearing held before the undersigned Veterans Law Judge. The claim of entitlement to service connection for migraine headaches was originally characterized as a claim that required the submission of new and material evidence before the claim could be considered on the merits. The Board finds, however, that new and material evidence was submitted within one year of the October 2016 rating decision that originally denied the claim. Specifically, a July 2017 statement was received from the Veteran's commanding officer and nurse practitioner, who recalled the Veteran's history of migraine headaches during her active duty service. This evidence is considered as having been filed in connection with the claim that was pending at the beginning of the appeal period. 38 C.F.R. § 3.156(b). Accordingly, this claim has been recharacterized as a service connection claim. Entitlement to service connection for migraine headaches. The Veteran contends that she developed migraine headaches during her military service which have continued ever since. The Board concludes that the Veteran has a current disability that began during active service. 38 U.S.C. §§ 1110, 1131, 5107(b); Holton v. Shinseki, 557 F.3d 1363, 1366 (Fed. Cir. 2009); 38 C.F.R. § 3.303(a). An August 2021 examination for headaches, conducted by a private physician, reflects a diagnosis of migraine headaches. A December 2017 VA examiner opined the Veteran's headaches are more likely to be migraine type. Thus, the question becomes whether the current disability is related to service. On this question there are probative opinions in favor of and against the claim. The evidence against the claim includes a December 2017 VA examiner's opinion that the Veteran's migraine headaches were less likely than not incurred during her military service. In support of this opinion, the VA examiner noted that there was no evidence of the Veteran having headaches during service. The evidence in favor of the claim includes an August 2021 private physician's opinion that the Veteran's current migraine headaches are at least as likely as not incurred in her military service. In support of this claim, the physician cited the Veteran's documented in-service complaints of headaches in February 1997, as well as a July 2017 statement from the Veteran's commanding officer during service, and the Veteran's own reported history of headaches beginning during her military service. The July 2017 statement from the Veteran's commanding officer, who is also a registered nurse, noted that she first met the Veteran in June 2000. She indicated that the Veteran had migraines at that time. She indicated that the Veteran would have four headaches a week, and would sometimes lay down in empty examination rooms to remedy the severe migraines. She also indicated that the Veteran would sometimes have to be relieved of her duties due to migraines. (Continued on next page) Upon review of the record, the Board finds the evidence to at least be in equipoise as to whether the Veteran's current migraine headaches arose in service. Accordingly, after resolving all doubt in favor of the Veteran, the Board finds that service connection for migraine headaches is warranted. 38 U.S.C. § 5107; 38 C.F.R. § 3.102. Evan M. Deichert Veterans Law Judge Board of Veterans' Appeals Attorney for the Board W. Yates, 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.