Citation Nr: 21072009 Decision Date: 12/02/21 Archive Date: 12/02/21 DOCKET NO. 17-44 793 DATE: December 2, 2021 ORDER Entitlement to service connection for headaches, to include as due to service-connected allergic rhinitis is granted. FINDING OF FACT Resolving all doubt in the favor of the Veteran, the Veteran's headaches were incurred in and due to his time in service. CONCLUSION OF LAW The criteria for entitlement to service connection for headaches are met. 38 U.S.C. §§ 1110, 5107(b); 38 C.F.R. §§ 3.102, 3.303, 3.310. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from June 1982 to November 1983 and from December 1986 to June 2005. This appeal comes before the Board of Veterans' Appeals (Board) from an August 2013 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO). In February 2021, the Veteran testified at a video conference hearing before the undersigned Veterans Law Judge. A transcript of the hearing is available in the record. In an October 2021 Correspondence, VA notified the Veteran and his representative that the issue of entitlement to service connection for sleep apnea was not certified to the Board with the issue of service connection for headaches as there is pending development at the AOJ level. Therefore, the issue of entitlement to service connection for sleep apnea is not before the Board and will not be discussed below. Service Connection Claim Generally, to prevail on a claim of service connection on the merits, there must be competent evidence of (1) a current disability, (2) medical, or in certain circumstances, lay evidence of in-service incurrence or aggravation of a disease or injury, and (3) medical evidence or other competent evidence of a nexus between the claimed in-service disease or injury and the present disease or injury. See Hickson v. West, 12 Vet. App. 247 (1999); Veteran v. Nicholson, 492 F.3d 1372 (Fed. Cir. 2007). To establish service connection on a secondary basis, the evidence must show (1) that a current disability exists and (2) that the current disability was either (a) caused by or (b) aggravated by a service-connected disability. 38 C.F.R. § 3.310 (a)(b) (2016), Allen v. Brown, 7 Vet. App. 439 (1995) (en banc). Except as otherwise provided by law, a claimant has the responsibility to present and support a claim for benefits under the laws administered by VA. VA shall consider all information and medical and lay evidence of record. Where there is an approximate balance of positive and negative evidence regarding any issue material to the determination of a matter, VA shall give the benefit of the doubt to the claimant. 38 U.S.C. § 5107; 38 C.F.R. § 3.102; see also Gilbert v. Derwinski, 1 Vet. App. 49, 53 (1990). In evaluating the evidence, the Board has been charged with the duty to assess the credibility and weight given to evidence. Davidson v. Shinseki, 581 F. 3d 1313 (Fed. Cir. 2009); Jandreau v. Nicholson, 492 F. 3d 1372 (Fed. Cir. 2007). Indeed, the Court has declared that in adjudicating a claim, the Board has the responsibility to do so. Bryan v. West, 13 Vet. App. 482, 488-89 (2000). In doing so, the Board is free to favor one medical opinion over another, provided it offers an adequate basis for doing so. Owens v. Brown, 7 Vet. App. 429, 433 (1995). 1. Entitlement to service connection for headaches, to include as due to service-connected allergic rhinitis The Veteran contends he has headaches that were incurred during his time in service or are proximately due to his service-connected disabilities, to include his service-connected allergic rhinitis. The Veteran has been diagnosed with a headache disability. The Veteran was seen in service multiple times for headaches in service. (See e.g., June 2004 and May 2005 Service Treatment Records.) The Veteran had an examination for his headaches in August 2021 in which the Veteran was seen in person and his file was reviewed. The examiner noted the Veteran's diagnosis of headaches and his statements that he has experienced headaches intermittently since service. The examiner opined the Veteran's headaches were less likely than not incurred during his time in service, saying they were diagnosed many years post-service and were less likely than not due to the Veteran's allergic rhinitis. The examiner also opined that it was less likely than not that his headaches were caused or aggravated by his service-connected allergic rhinitis. However, the Veteran has reported he has had headaches ever since his time in service and he was documented to have headaches while in service. The Veteran is competent to report the occurrence of lay-observable events such as symptoms or certain readily observable disabilities. 38 U.S.C. § 1153(a); Jandreau v. Nicholson, 492 F.3d 1372 (Fed. Cir. 2007). The Board therefore finds that the Veteran's reports of head pain in service and since service are competent and credible. As the evidence is in relative equipoise, the Board will grant the Veteran the benefit of the doubt and grant the claim. Entitlement to service connection for headaches is granted. 38 U.S.C. §§ 1110, 1131, 5107; 38 C.F.R. §§ 3.102, 3.310; Gilbert, supra. John J. Crowley Veterans Law Judge Board of Veterans' Appeals Attorney for the Board L. Holcombe, 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.