Citation Nr: 21073282
Decision Date: 12/08/21	Archive Date: 12/08/21

DOCKET NO. 18-28 295
DATE: December 8, 2021

REMANDED

Entitlement to service connection for tension headaches to include as secondary to service-connected disability is remanded.

REASONS FOR REMAND

The Veteran had active service from August 2000 to June 2005.

The Veteran testified before the undersigned Veterans Law Judge (VLJ) at an April 2021 Board hearing.  The claims file contains a transcript of that hearing.

In a July 2021 Board Decision and Remand, the Board remanded the above-referenced claim for further development and readjudication.  The Regional Office (RO) did not substantially comply with the Board's remand instructions, so the Board must again remand the matter.  

The RO obtained a VA examiner's opinion on the issues identified in the July 2021 Board Decision and Remand, but the opinion obtained explicitly indicates that a new examination is required to adequately address those issues.  See August 2021 VA Examiner's Opinion ("it is worth noting C&P exams related to this claim were performed 5 or more years ago.  Thus, the SM may now have resultant signs and symptoms that are [not] captured in old exams.").  Therefore, an examination must be scheduled to permit the examiner to address any new signs and symptoms of the Veteran's tension headaches that may have been caused or aggravated by his service-connected disabilities.

The matters are REMANDED for the following action:

1. Obtain VA treatment records from June 2016 to Present.

2. Schedule the Veteran for a VA examination for his tension headaches.  The examiner must review the claims file and provide a response to the following:

a.	whether the Veteran's tension headache disability is at least as likely as not proximately due to service-connected disability, to include sleep apnea and anxiety disorder, and, if not;

b.	whether the Veteran's tension headache disability is aggravated beyond its natural progression by service-connected disability, to include sleep apnea and anxiety disorder.

 

 

MICHELLE L. KANE

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Kerry Hubers

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.