Citation Nr: 21006056 Decision Date: 02/03/21 Archive Date: 02/03/21 DOCKET NO. 17-22 546A DATE: February 3, 2021 ORDER Entitlement to service connection for migraines, claimed as headaches, is granted. FINDING OF FACT 1. The Veteran has a current diagnosis of migraines. 2. The Veteran’s migraines were “chronic” in service. 3. There are no intercurrent causes to which the migraines can be clearly attributed. CONCLUSION OF LAW The criteria for entitlement to service connection for migraines, claimed as headache, are met. 38 U.S.C. §§ 1110, 5103, 5103A; 38 C.F.R. §§ 3.102, 3.159, 3.303, 3.309, 3.310 (2019). REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty in the United States Navy from July 1986 to June 1990. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a June 2014 rating decision (RD) of a Regional Office (RO) of the Department of Veterans Affairs (VA) in Muskogee, Oklahoma. The Veteran timely filed his May 2017 Form 9 appeal and the Board issued a January 2019 decision denying the claim for headaches including secondary to the Veteran’s service-connected irritable bowel syndrome (IBS). In February 2020, the U.S. Court of Appeals for Veteran’s Claims (CAVC) granted a joint motion for remand (JMR) stating the Board failed to properly discuss the study submitted by the appellant and the effect on the VA medical opinion, specifically whether it diminished the probative value of the VA medical opinion. The Board remanded the case in August 2020 for an addendum medical opinion, the RO issued a November 2020 supplemental statement of case (SSOC) and the case was returned to the Board for adjudication. 1. Entitlement to service connection for migraines, claimed as headaches The Veteran is seeking entitlement to service connection for migraines, claimed as headaches, due to active service. The Veteran states that his headaches started during service and have continued since that time. Service connection may be granted for disability resulting from disease or injury incurred in or aggravated by active service. 38 U.S.C. §§ 1110, 1131, 5107; 38 C.F.R. § 3.303. The Board finds that the Veteran has a current disability of migraines. In a November 2013 private medical treatment note, the physician noted the Veteran had occasional migraines. See March 2014 Private Medical Treatment Records. In a June 2014 VA examination the examiner confirmed that the Veteran has a current diagnosis of headaches. In a February 2015 private medical treatment note, the Veteran was diagnosed with frequent migraine headaches, which he uses prescribed medication to help manage. See February 2015 Private Medical Treatment Records. Finally, in an October 2020 VA examination, the examiner stated the Veteran has a current diagnosis of migraines. The Board finds the evidence establishes a current disability of migraines. VA considers migraines an “other organic diseases of the nervous system” included among chronic diseases. 38 C.F.R. § 3.309(a). Such chronic diseases may be service connected on a presumptive basis if shown as “chronic” during service, manifested to a compensable degree in a specified period after service, or if noted in service and productive of continuous symptomatology since service. See 38 U.S.C. §§ 1101, 1112, 1113; 38 C.F.R. §§ 38 C.F.R. § 3.303(b), 3.307, 3.309. For the showing of chronic disease in service there is required a combination of manifestations sufficient to identify the disease entity and sufficient observation to establish chronicity at the time. See 38 C.F.R. § 3.303(b). Subsequent manifestations of the same chronic disease at any later date, however remote, are service connected, unless clearly attributable to intercurrent causes. Id. The Board finds that the Veteran’s migraines were “chronic” in service. The Veteran’s service treatment records (STRs) reflect that he was first treated for headaches in October 1986, after reporting having a left side headache for 4 days and was diagnosed with a possible tension headache. See February 1991 Service Treatment Records. The Veteran was treated for a headache again in July 1989 with accompanying sinus congestion, and a third time in February 1990 for a dull headache that was accompanied by diarrhea. Id. During an October 2020 VA examination, the Veteran report headaches after returning from tour in 1989 and stated the pain was felt in his whole head with accompanying sensitivity to light and sound in addition to nausea. The Veteran stated that he reported his headaches to his corpsman. Id. The VA examiner opined “[i]t is not in dispute that the Veteran now has a current diagnosis of migraines, as such is shown by the June 2014 and February 2017 VA examinations. Further, based on the Veteran’s in-service complaints of headaches, the second element of service connection maybe reasonably conceded. What remains necessary is competent evidence of a nexus between the two.” Id. Resolving reasonable doubt in the Veteran’s favor, the Board finds that the symptoms associated with migraine, claimed as headaches, were “chronic” in service and warrant presumptive service connection for migraine under 38 C.F.R. § 3.303(b). There is no evidence of record identifying an intercurrent cause of the Veteran’s headaches. The Veteran’s original claim was denied on the basis that it did not occur nor was it caused by service. The October 2020 VA examiner conceded the first two elements for service connection, and while there is negative opinion on the question of direct nexus of current migraines to service, as this claim is being granted on the basis that the Veteran’s migraine condition is presumed to be related to service, the direct nexus opinion is rendered irrelevant. As presumptive service connection based on chronicity is being granted, there is no need to discuss entitlement to service connection on any other basis, as other theories of service connection have been rendered moot, leaving no question of law or fact to decide. See 38 U.S.C. § 7104. Therefore, the Board finds that, affording the Veteran the benefit of the doubt, his migraine disability, claimed as headaches, is due his active military service. See 38 U.S.C. § 5107(b); 38 C.F.R. § 3.102. Accordingly, entitlement to service connection for migraines is granted. J. B. FREEMAN Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board C. Aubee. Associate 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.