Citation Nr: 21075140 Decision Date: 12/17/21 Archive Date: 12/17/21 DOCKET NO. 19-00 080A DATE: December 17, 2021 REMANDED Entitlement to service connection for head pain on the right side, to include as secondary to service-connected degenerative arthritis of the cervical spine, is remanded. REASONS FOR REMAND The Veteran had active duty service from May 1955 to May 1957, from October 1961 to August 1962, from December 1979 to April 1984 and from September 1990 to October 1990. A hearing was held before the undersigned Veterans Law Judge in October 2019. A hearing transcript is of record. In December 2020, the Board issued a decision which denied service connection for head pain on the right side, to include as secondary to service-connected degenerative arthritis of the cervical spine. The Veteran appealed the denial to the United States Court of Appeals for Veterans Claims (Court) and in August 2021, the parties submitted a Joint Motion for Remand (JMR). By way of an August 2021 Order, the Court granted the JMR, vacated the December 2020 Board decision, and remanded the matter for action consistent with the JMR. See August 2021 CAVC Decision. Entitlement to service connection for head pain on the right side, to include as secondary to service-connected degenerative arthritis of the cervical spine, is remanded. In the August 2021 JMR, it was determined the Board's December 2020 decision relied upon an inadequate medical opinion to deny the Veteran's claim for service connection for head pain on the right side. Specifically, it was stated that while the July 2020 VA examiner had opined there was no evidence to suggest the Veteran's headaches were caused by his service-connected cervical spine, the examiner did not provide an opinion on aggravation. Second, the parties found it unclear as to whether the July 2020 VA examiner had adequately considered whether the Veteran's service-connected spine condition caused his head pain. The parties stated the examiner did not provide a rationale for whether the Veteran's spine condition could have been a factor in causing his headaches based on evidence that his spine condition seemed to have worsened contemporaneous to the onset of both shingles and headaches. Lastly, the JMR questioned whether the VA examiner considered the Veteran's medical history, specifically whether the Veteran's current head pain could be a result of an in-service head injury. For the foregoing reasons highlighted in the August 2021 JMR, a remand is needed to obtain an additional VA medical opinion prior to adjudicating this claim. The matters are REMANDED for the following action: Obtain an addendum opinion from an appropriate clinician regarding whether the Veteran's headaches/pain on the right side of the head are at least as likely as not related to his service, including in-service evidence of head injury. Additionally, the clinician is asked to opine whether the Veteran's headaches are proximately due to his service-connected cervical spine AND/OR aggravated beyond its natural progression by his service-connected cervical spine disability, specifically addressing evidence showing the Veteran's spine condition seemed to have worsened contemporaneous to the onset of both shingles and headaches. A. ISHIZAWAR Veterans Law Judge Board of Veterans' Appeals Attorney for the Board K. Churchwell, 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.