Citation Nr: 21068079
Decision Date: 11/09/21	Archive Date: 11/09/21

DOCKET NO. 18-28 271
DATE: November 9, 2021

ORDER

Service connection for migraine headaches, as secondary to service-connected post-traumatic stress disorder (PTSD), is granted.

FINDING OF FACT

Resolving doubt in the Veteran's favor, his migraine headaches are proximately due to, or the result of his service-connected PTSD.

CONCLUSION OF LAW

The criteria to establish entitlement to service connection for migraine headaches, as secondary to service-connected PTSD, have been approximated. 38 U.S.C. §§ 1110, 1154, 5107; 38 C.F.R. §§ 3.102, 3.310(a), 3.303, 3.304.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran had active service from March 1999 to September 2003.

After a review of the record, the evidence is in approximate balance as to whether the Veteran's migraine headaches are related to his service-connected PTSD. As such, the Board will resolve any reasonable doubt in the Veteran's favor, and service connection for migraine headaches, as secondary to service-connected PTSD, will be granted. 

Secondary Service Connection

Service connection may be granted for a disability that is proximately due to, or the result of, a service-connected disability. See 38 C.F.R. § 3.310(a). To prevail on the issue of secondary service connection, the record must show (1) evidence of a current disability, (2) evidence of a service-connected disability, and (3) medical nexus evidence establishing a connection between the current disability and the service-connected disability. Wallin v. West, 11 Vet. App. 509, 512 (1998); Reiber v. Brown, 7 Vet. App. 513, 516-17 (1995).

When there is an approximate balance of positive and negative evidence regarding any issue material to the determination of a matter, the VA shall give the benefit of the doubt to the claimant. 38 U.S.C. §§ 5107(b).

Service connection for migraine headaches, as secondary to service-connected PTSD, is granted. 

The Veteran's current contention is that his migraine headaches are related to his service-connected PTSD.

For the following reasons, service connection for migraine headaches is warranted, and the claim is granted. 

The Veteran has a current diagnosis of migraine headaches, and his PTSD is  service connected. Therefore, the pertinent question is whether there is evidence of a medical nexus between the Veteran's migraine headaches and his service-connected PTSD.

During the January 2018 VA examination, the examiner opined that the Veteran's migraine headaches are less likely than not proximately due to, or the result of his service-connected PTSD. The opinion is based on a review of available records, without an in-person or video telehealth examination.

In the July 2021 private medical report, Dr. F.W.N., a psychologist, opined that the Veteran's migraine headaches are more likely than not due to his service-connected PSTD. The opinion is supported by relevant medical literature, review of the Veteran's medical records, and interview with the Veteran. 

With respect to the issue of a medical nexus, or link between the Veteran's current migraine headaches and his service-connected PTSD, the Board finds that the medical evidence is in approximate balance. While the January 2018 VA examiner opined that the Veteran's migraine headaches are less likely than not proximately due to, or the result of his service-connected PTSD, the July 2021 private examiner opined that the Veteran's migraine headaches are more likely than not due to his service-connected PSTD. Given this evidence, the Board will afford the Veteran the benefit of the doubt and grant the claim.

 

 

Vito A. Clementi

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Timothy T. Emmart

The Board's action is binding only in this case. This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.