Citation Nr: 21073465
Decision Date: 12/08/21	Archive Date: 12/08/21

DOCKET NO. 16-02 005
DATE: December 8, 2021

ORDER

Service connection for migraine headaches is granted.  

FINDINGS OF FACT

1. Service connection has been established for tinnitus and bilateral hearing loss.  

2. Migraine headaches have been aggravated by the service connected tinnitus.  

CONCLUSION OF LAW

The criteria for service connection for migraine headaches have been met.  38 U.S.C. § 5107; 38 C.F.R. §§ 3.102, 3.310(a).  

REASONS AND BASES FOR FINDINGS AND CONCLUSION

The Veteran had active service from December 1967 to November 1969.  

Service Connection for Migraine Headaches

Service connection may be granted for disability which is proximately due to or the result of a service-connected disease or injury.  38 C.F.R. § 3.310(a).  Service connection shall be granted on a secondary basis under the provisions of 38 C.F.R. § 3.310(a) where it is demonstrated that a service-connected disability has aggravated a nonservice-connected disability.  Allen v. Brown, 7 Vet. App. 439 (1995).  Service connection has been established for tinnitus and bilateral hearing loss.

The report of an October 2021 evaluation conducted for VA states that the Veteran was diagnosed with migraine including migraine variants.  The examiner concluded that: "it is my opinion that the Veteran's headaches are aggravated by his tinnitus;" "it is well known that the ringing in the ears causes uncomfortable noise resulting in the Veteran to have (sic) headaches;" and "tinnitus can aggravate migraines."  

The Veteran has been diagnosed on VA examination with migraine headaches.  A VA examiner has concluded that the diagnosed migraine headaches were aggravated by the service-connected tinnitus.  The evidence is in at least equipoise as to whether the diagnosed migraine headaches were aggravated by the service connected tinnitus.  Resolving all reasonable doubt in the Veteran's favor, the Board of Veterans' Appeals concludes that service connection for migraine headaches is warranted.  38 U.S.C. § 5107; 38 C.F.R. § 3.102.  

 

 

J. T. HUTCHESON

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	H. Marsdale

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.