Citation Nr: 21076348 Decision Date: 12/23/21 Archive Date: 12/23/21 DOCKET NO. 19-21 850 DATE: December 23, 2021 ORDER Service connection for migraine headaches is granted. FINDING OF FACT Resolving reasonable doubt in the Veteran's favor, her migraine headaches are at least as likely as not related to in-service head trauma. CONCLUSION OF LAW The criteria for service connection for migraine headaches are met. 38 U.S.C. §§ 1110, 1131, 5107; 38 C.F.R. §§ 3.102, 3.303. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from October 1995 to August 2004. This appeal comes to the Board of Veterans' Appeals (Board) from a Department of Veterans Affairs (VA) May 2016 rating decision of the Agency of Original Jurisdiction (AOJ). In May 2019, the VA Regional Office granted entitlement to service connection for right foot pes planus, cervical strain, a left knee disability, a right knee disability, a right hip disability, right lower extremity radiculopathy, hemorrhoids, and a lumbar spine disability. This represents a full grant of the benefits sought on appeal, and as such, these issue is not before the Board. Further, the Veteran's July 2019 substantive appeal indicated that the Veteran was only appealing her claim for service connection for headaches. Therefore, the claims for entitlement to service connection for bilateral hearing loss, arthritis, a left eye condition, a sinus condition, bilateral shoulder condition, a right calf condition, a left foot condition, and anxiety are not before the Board as the Veteran did not appeal these claims. See May 2019 Statement of the Case, July 2019 VA Form 9. Entitlement to service connection for migraine headaches The Veteran contends that head trauma from evasive ship maneuvers caused her headaches, which have continued since service. The Board concludes that the Veteran has a current disability that began during active service and is related to in-service head trauma. 38 U.S.C. §§ 1110, 1131, 5107(b); Holton v. Shinseki, 557 F.3d 1363, 1366 (Fed. Cir. 2009); 38 C.F.R. § 3.303(a). VA and private treatment records note that the Veteran has been diagnosed with migraines. Multiple lay statements and buddy statements have noted that the Veteran was aboard a ship that was replenishing another ship when there was an evasive maneuver which resulted in the Veteran being hit in the head resulting in a cracked helmet. Thus, the question becomes whether the current disability is related to service. The evidence of record shows that on the service enlistment report of medical history the Veteran reported being in excellent health with no use of medications and no problems with headaches. See February 1995 service treatment record (STR). The Veteran first reported, and was treated for, headaches in September 1997. STRs from October 1997, December 1997, and December 1998 also noted headaches. The Veteran reported frequent and severe headaches during her March 2004 Report of Medical History. She specifically noted that they were migraine-type headaches. In February 2019, the Veteran underwent a VA examination for headaches. She was diagnosed with migraines. She reported onset during active duty with repeated headaches that had worsened since. The VA examiner opined that the current migraine headache is less than likely related to service, and explained that the service treatment records showed a single episode that required treatment headache in 1997. Additionally, the VA examiner noted that there was no diagnosis of migraines during active service. An April 2019 addendum opinion also found that the current migraine headache is less than likely related to service. The examiner noted that the Veteran sought private treatment for headaches after active service, but the headaches were not specifically migraines. Further, the examiner found that there was no continuity of care for migraines from separation from active service. The examiner reiterated that there was only one complaint of headaches during active service and no further complaint until 2009, 5 years after separation. During her June 2021 Board hearing, the Veteran stated that she hit her head on the deck of the ship during active service when her ship suddenly moved to avoid hitting another ship. Her helmet was cracked. She reported headaches since her fall. She treated her headaches with over-the-counter medication during active service and was treated occasionally when her headaches were severe. In 2009, she sought private treatment for her headaches when she was unable to see. The Board finds the VA examiner's opinions to be of little probative value, as it is inconsistent with other credible lay and medical evidence of record. The STRs note multiple entries where the Veteran sought treatment for headaches and her March 2004 Report of Medical History noted frequent and severe headaches. Specifically, the Veteran indicated that her headaches were migraines. Further, in May 2021, the Veteran's shipmate noted that the Veteran hit her head during service, cracked her helmet, and was disoriented. The shipmate noted that the Veteran has had headaches since her injury. Therefore, the Board finds that there is more probative evidence of symptoms of migraine headache during active service that continued after release from active service. See Reonal v. Brown, 5 Vet. App. 458, 461 (1993) (holding that a medical opinion based on an inaccurate factual basis is of no probative value); see also Claiborne v. Nicholson, 19 Vet. App. 181, 186 (2005) (rejecting medical opinions because examiner failed to consider certain relevant information). The symptoms and treatment for headaches during active service coupled with the evidence pertinent to service discussed above tends to show that the symptoms of a headache later diagnosed as migraine headache had its onset during service, that is, shows that the migraine headache was "incurred in" a period of active service. See 38 C.F.R. § 3.303 (d). For these reasons, and resolving reasonable doubt in the Veteran's favor, the Board finds that the criteria for service connection for migraine headache are met. 38 U.S.C. § 5107 (b); 38 C.F.R. § 3.102. S. L. Kennedy Veterans Law Judge Board of Veterans' Appeals Attorney for the Board J. Costello, 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.