Citation Nr: 21069596 Decision Date: 11/18/21 Archive Date: 11/18/21 DOCKET NO. 14-14 056 DATE: November 18, 2021 REMANDED Entitlement to service connection for migraines is remanded. REASONS FOR REMAND The Veteran served on active duty from July 2005 to December 2010. This case is before the Board of Veterans' Appeals (Board) on appeal from an April 2012 rating decision by a Department of Veterans Affairs (VA) Regional Office (RO). In February 2018, the Veteran was scheduled for a Travel Board hearing at the St. Petersburg, Florida RO. However, he failed to attend the hearing and did not request another hearing. In April 2018 and July 2020, the Board remanded the matter for additional development. Now the matter is returned to the Board. The Veteran is seeking for service connection for migraines. However, the Board finds that more development is necessary prior to final adjudication. The July 2020 Board remand order instructed the Agency of Original Jurisdiction (AOJ) to obtain VA examination and medical opinions to determine the nature and etiology of the Veteran's migraine condition. In particular, the examiner was asked to provide opinions for service connection on both direct and secondary basis. The Board notes that the Veteran underwent a VA examination in November 2020, and the VA examiner provided a medical opinion on the matter. However, the Board finds that the November 2020 VA medical opinion is inadequate, and a remand is required to obtain an addendum opinion. First, the November 2020 VA examiner only provided an opinion on secondary service connection and left the opinion section for direct service connection blank. It appears that the rationale provided for the secondary service connection opinion may have been intended for an opinion for direct service connection, but the examiner only opined that "the Veteran's migraine condition is less likely than not (less than 50 percent probability) due to or the result of the Veteran's low back disorder." Also, the Board notes that the examiner did not address the Veteran's report made on the November 2020 examination that his migraine symptoms started during his deployment to the Middle East. See November 2020 Headaches Disability Benefits Questionnaire, at 3. The Board emphasizes again that the Veteran is competent to report his symptoms and history, and such report must be considered for any opinions rendered. Moreover, the July 2020 examiner did not provide sufficient rationale for the secondary service connection opinion as the rationale for the opinion did not contain any discussion of the causal relationship between the Veteran's migraines and his service-connected low back disorder. Based on above, the Board finds that there has not been a substantial compliance with the July 2020 Board Remand order; thus, an addendum opinion must be obtained in order to make a fully informed decision on the matter. Stegall v. West, 11 Vet. App. 268, 271 (1998) Accordingly, the matter is REMANDED for the following action: 1. The AOJ must obtain an addendum opinion from the November 2020 VA examiner regarding the Veteran's service connection claim for migraines. If the November 2020 VA examiner is not available, the requested opinion with rationale should be rendered by another appropriate medical professional. The examiner should review the Veteran's claims file and a copy of this REMAND order before rendering the requested addendum opinion. The Board emphasizes that the examiner must provide a complete written rationale for any opinion offered. The examiner must opine on whether the Veteran's current migraines condition is at least as likely as not (50 percent or greater probability) had its onset in active duty service or is otherwise related to service, to include in-service crepitus temporomandibular joint dysfunction. The examiner is advised that the Veteran is competent to report his symptoms and history. Such reports, including those of continuity of symptomatology, must be acknowledged and considered in formulating any opinion. If the examiner rejects the Veteran's reports, the examiner must provide an explanation for such rejection. The examiner must opine on whether the Veteran's current migraines condition is at least as likely as not (50 percent or greater probability) proximately due to or was aggravated beyond its natural progression by his service-connected low back disorder. 2. After completing the above action and any other necessary development, the issue on appeal must be readjudicated. If the claim remains denied, a Supplemental Statement of the Case must be provided to the Veteran and his representative. After the Veteran and his representative have had an adequate opportunity to respond, the appeal must be returned to the Board for appellate review. MICHAEL LANE Veterans Law Judge Board of Veterans' Appeals Attorney for the Board J. E. Kim, 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.