Citation Nr: A21020111 Decision Date: 12/16/21 Archive Date: 12/16/21 DOCKET NO. 210222-142230 DATE: December 16, 2021 ORDER Entitlement to service connection for migraine headaches, to include as secondary to a service-connected disability, is granted. FINDING OF FACT Resolving all reasonable doubt in the Veteran's favor, his migraine headaches are at least as likely as not related to active duty service, to include as secondary to a service-connected disability. CONCLUSION OF LAW The criteria for entitlement to service connection for migraine headaches, to include as secondary to a service-connected disability, have been met. 38 U.S.C. §§ 1110, 1131, 5107; 38 C.F.R. §§ 3.102, 3.303, 3.304, 3.309, 3.310. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty in the United States Army from October 1969 to October 1971. In the February 2021 VA Form 10182, Decision Review Request: Board Appeal, the Veteran elected the Evidence Submission docket. Therefore, the Board of Veterans' Appeals (Board) may only consider the evidence of record at the time of the agency of original jurisdiction (AOJ) decision on appeal, as well as any evidence submitted by the Veteran or his representative with, or within 90 days from receipt of, the VA Form 10182. 38 C.F.R. § 20.303. As an initial matter, the Board notes that the Veteran has submitted several statements to the Board seeking service connection for acquired psychiatric disorders, to include posttraumatic stress disorder (PTSD), depression, anxiety, and alcohol use disorder. However, the Board notes that the Veteran did not include this matter in his February 2021 VA Form 10182 and, as such, this issue is not before the Board. The Veteran is invited to submit a Supplemental Claim if he wishes to further pursue a claim for entitlement to service connection for these disorders. Service Connection Under the relevant laws and regulations, service connection may be granted for a disability resulting from disease or injury incurred in or aggravated by active service. 38 U.S.C. §§ 1110, 1131. Generally, the evidence must show: (1) the existence of a present disability; (2) in-service incurrence or aggravation of a disease or injury; and (3) a causal relationship between the present disability and the disease or injury incurred or aggravated during service. Shedden v. Principi, 381 F.3d 1163, 1166-67 (Fed. Cir. 2004); Caluza v. Brown, 7 Vet. App. 498, 505 (1995). In addition to the regulations cited above, service connection is warranted for a disability which is aggravated by, proximately due to, or the result of a service-connected disease or injury. 38 C.F.R. § 3.310. Any additional impairment of earning capacity resulting from an already service-connected condition, regardless of whether or not the additional impairment is itself a separate disease or injury caused by the service-connected condition, should also be compensated. Allen v. Brown, Vet. App. 439 (1995). When service connection is thus established for a secondary condition, the secondary condition shall be considered a part of the original condition. Id. Entitlement to service connection for migraine headaches, to include as secondary to a service-connected disability The Veteran contends that his chronic migraines are related to active duty service. Specifically, he contends that his migraine headaches are aggravated by his Meniere's disease because his headaches are much worse when he is experiencing vertigo, which is a symptom of his Meniere's disease. After a review of the evidence of record, the Board finds that service connection for migraine headaches should be granted. First, the medical evidence of record indicates that the Veteran has sought treatment for headaches since July 2019. In July 2020, he was diagnosed with migraine headaches associated with vertigo and dizziness. Next, the Veteran submitted a private medical opinion from his neurologist in November 2020 opining that his chronic migraines are at least as likely as not related to service, and in December 2020, the same neurologist submitted a letter explaining that the Veteran's chronic migraines are secondary to his hearing loss and vertigo/dizziness, which are all symptoms of Meniere's disease. In treatment notes in August 2020, November 2020, and February 2021, the Veteran's neurologist further explained that the Veteran's migraines occur "many times" when he is experiencing vertigo and dizziness, and that his vertigo worsens his migraines. As the Veteran's vertigo and dizziness are symptoms of his service-connected Meniere's disease, the record supports that the Veteran's migraines are aggravated beyond the natural progression by his Meniere's disease. In making this decision, the Board recognizes the negative nexus opinions of the November 2020 and February 2021 VA examiners. However, neither examiner opined whether the Veteran's migraines were aggravated by his service-connected disabilities, to include Meniere's disease, despite the medical treatment records since July 2019 consistently noting that the Veteran's migraines are frequently related to periods of vertigo and dizziness. As such, the Board finds these opinions lack probative value. As the weight of the evidence is in favor of the Veteran's claims, the Board finds that service connection for migraine headaches is warranted. 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. B.T. KNOPE Veterans Law Judge Board of Veterans' Appeals Attorney for the Board K. Veltri, Associate Counsel