Citation Nr: 21070662
Decision Date: 11/24/21	Archive Date: 11/24/21

DOCKET NO. 17-43 533
DATE: November 24, 2021

REMANDED

Entitlement to service connection for headaches is remanded.  

REASONS FOR REMAND

The Veteran had active service from April 1980 to August 1983.  

Entitlement to service connection for headaches.  

Service treatment records in August 1982 show that the Veteran was kicked in the left eye and complained of headaches.  On the report of medical history in June 1983 upon separation from service the Veteran reported having frequent or severe headaches.  VA treatment records in December 1998 show that the Veteran complained of having headaches on and off since 1983.  In March 2000 the records show a diagnosis of cluster headaches.  

While on VA examination in August 2013 the examiner opined that the Veteran's cluster headaches were less likely than not related to service as they did not result in a multitude of medical visits immediately following service, in statements and testimony including in an April 2019 statement and August 2021 Board hearing, the Veteran explained that he has had headaches since service, which continued to worsen over the years.  Further, while a VA neurologist in December 2019 and August 2021 opined that the Veteran's neurovascular headaches could have been possibly caused or made worse by service the examiner did not offer a rationale for the conclusion rendered.  Further, an opinion expressed in the term of "could" or "can," the equivalent of "may," also implies that it "could not" or "cannot" be possible and it is too speculative to establish service connection for the Veteran's claimed headaches.  Tirpak v. Derwinski, 2 Vet. App. 609, 611 (1992) (The term "may" also implies that it "may not" and it is too speculative to establish a nexus.); Obert v. Brown, 5 Vet. App. 30 (1993) (the Board in expressing doubt as to the sufficiency of a medical opinion is required to further develop the case and seek further medical evidence that would either support or repudiate evidence from other physicians.). 

The matter is REMANDED for the following action:

Schedule the Veteran for a VA examination by an appropriate clinician to determine the nature and etiology of his headaches.  After reviewing the claims file, to include a copy of this remand, and examining the Veteran the examiner is asked to render the opinion requested below.  For all opinions rendered, the examiner must explain the rationale.  If the examiner is unable to provide an opinion, he or she should explain why.  The examiner is asked to do the following:

Provide an opinion as to whether it is at least as likely as not that the Veteran's headaches are related to his active duty service.  In rendering the opinion the examiner is asked to consider service treatment records in August 1982 that show the Veteran was kicked in the left eye and complained of headaches.  The examiner also is 

 

asked to consider that on the report of medical history in June 1983 upon separation from service the Veteran reported having frequent or severe headaches. 

 

 

Thomas H. O'Shay

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	M. Mac, 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.