Citation Nr: 21076333 Decision Date: 12/23/21 Archive Date: 12/23/21 DOCKET NO. 17-52 837 DATE: December 23, 2021 ORDER Entitlement to service connection for a cervical spine disability is granted. Entitlement to service connection for a migraine condition is granted. FINDINGS OF FACT 1. The Veteran's cervical spine disability originated during active service. 2. The Veteran's migraine condition has been shown to be at least as likely as not etiologically related to the Veteran's cervical spine disability. CONCLUSIONS OF LAW 1. The criteria for service connection for cervical spine disability have been met. 38 U.S.C. §§ 1131, 5107; 38 C.F.R. §§ 3.102, 3.303. 2. The criteria for service connection for a migraine condition are met. 38 U.S.C. §§ 5107; 38 C.F.R. §§ 3.102, 3.310(a). REASONS AND BASES FOR FINDINGS AND CONCLUSIONS The Veteran served with the United States Army from June 1978 to May 1982 and the Air Force from February 2003 to December 2003, September 2006 to April 2007 and from October 2009 to September 2010. This matter was previously adjudicated by the Board of Veterans' Appeals (Board) in a November 2019 decision. Service Connection Service connection may be granted for disability resulting from disease or injury incurred in or aggravated by active service. 38 U.S.C. §§ 1131, 5107; 38 C.F.R. § 3.303. Service connection may be granted for any disease diagnosed after discharge, when all the evidence, including that pertinent to service, establishes that the disease was incurred in service. 38 C.F.R. § 3.303(d). The three-element test for service connection requires evidence of: (1) a current disability; (2) in-service incurrence or aggravation of a disease or injury; and (3) a causal relationship between the current disability and the in-service disease or injury. Shedden v. Principi, 381 F.3d 1163, 1166-67 (Fed. Cir. 2004). Service connection shall be established 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 or caused a nonservice-connected disability. Allen v. Brown, 7 Vet. App. 439 (1995). Cervical Spine The Veteran contends that service connection for a cervical disability is warranted as the claimed disability was the result of an in-service motor vehicle accident. A January 2021 Department of Veterans Affairs (VA) neck evaluation states that the Veteran was diagnosed with degenerative arthritis of spine, spinal stenosis, and intervertebral disc syndrome. The service treatment records document that the Veteran was in an accident in Germany while he was on active duty resulting in injuries to his head. Additionally, the service treatment records show that in July 1993, the Veteran was treated for neck pain. The report of a January 2021 migraine evaluation conducted for VA conveys that: "the Veteran had multiple head injuries due to motor vehicle accidents in 1975, 1981, 2006.;" "These head injuries likely caused the degenerative changes in the cervical spine." In contrast, the report of a January 2021 neck evaluation conducted for VA conveys that: "the evidence does not show that the condition result from, or was aggravated by, a service-connected disability.;" and "the cervical spine condition has not been found to be related to active duty service.;" The examiner concluded "after examined and record reviewed, the neck/cervical spine disability is less likely than not incurred in or caused by the claimed in-service injury, event, or illness." The examiner did not note or otherwise address any of the Veteran's lay contentions, nor provide any rationale regarding her opinion regarding direct service-connection. Given this deficiency, the Board finds that the evaluation is of limited probative value. The service treatment records reflect that the Veteran sustained injuries following a motor vehicle accident in service. The Veteran has been diagnosed by a VA examiner with degenerative arthritis of spine, spinal stenosis, and intervertebral disc syndrome. The January 2021 examiner has attributed the diagnosed cervical spine disability to the in service trauma. The Board finds that the evidence is in at least equipoise as to whether the diagnosed cervical spine disability originated during active service. Therefore, service connection for a cervical spine disability is warranted. 38 U.S.C. § 5107; 38 C.F.R. § 3.102. Migraine The Veteran contends that his migraine condition was most likely caused or aggravated by his cervical spine disability. As to a service-connected condition, the Board herein granted service connection for the Veteran's cervical spine disability. A January 2021 Department of Veterans Affairs (VA) headaches evaluation states that the Veteran was diagnosed with a headache syndrome. The report of a January 2021 migraine evaluation conducted for VA conveys that: "that the Veteran had multiple head injuries due to motor vehicle accidents in 1975, 1981, 2006.;" "these head injuries likely caused the degenerative changes in the cervical spine.;" and "these degenerative changes in the cervical spine can cause tension along the neck and head muscle causing headaches." The examiner concluded "the Veteran's migraine headaches are at least as likely as not caused by the claimed neck or cervical spine disability." The Veteran has been diagnosed with a migraine condition. The January 2021 examiner has attributed the diagnosed migraine condition is related to his cervical spine disability, which has been service-connected herein. Therefore, service connection for a migraine condition must be granted. Zi-Heng Zhu Acting Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Emily A. Kotroco 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.