Citation Nr: 21022505 Decision Date: 04/16/21 Archive Date: 04/16/21 DOCKET NO. 11-24 319 DATE: April 16, 2021 REMANDED Entitlement to service connection for migraine headaches (claimed as headaches) is remanded. REASONS FOR REMAND The Veteran served on active duty in the United States Army from October 1984 to September 1987. This issue has a long and extensive procedural history. Most recently, in December 2019, the Board denied the Appellant’s claim for service connection for migraine headaches. Thereafter, the Appellant appealed to the United States Court of Appeals for Veterans Claims (Court). In the November 2020 Joint Motion for Remand (JMR), the parties moved the Court to vacate the December 2019 Board decision with respect to the issues pertaining to entitlement to service connection for migraine headaches. The grant of service connection for a right shoulder disability and a left shoulder disability was not disturbed. The Veteran did not appeal the Board’s denial of service connection for an acquired psychiatric disability (to include PTSD and depression). The Board notes that the Veteran has a pending claim for total disability due to individual unemployability, but that claim is not yet before the Board. On March 23, 2021 the Veteran filed a motion to advance his case on the docket. The motion has been granted. Entitlement to service connection for migraine headaches (claimed as headaches) is remanded. Although the Board regrets the additional delay, the JMR determined that the Board previously relied on inadequate medical opinions including the November 2017 and October 2018 VA examinations as they did not substantially comply with the Board’s May 2016 and August 2017 remand instructions. Specifically, neither the November 2017 nor the October 2018 VA examiners sufficiently discussed the Veteran’s reports of worsening headaches in service, and instead, relied on the lack of corroborating treatment records. The Board directed the examiners to consider the Veteran’s lay statements that he experienced progressively worsening headaches due to noise exposure in service. The Veteran also contends that the VA examiner incorrectly concluded that the Veteran was not exposed to acoustic trauma in service because his hearing examination was normal. Additionally, the JMR noted that while the VA examiner indicated the Veteran did not mention headaches to his neurologist on June 7, 2010, the Veteran actually reported to an emergency room on June 7, 2010 and reported similar headaches in service. The examiner did not address whether this suggested a nexus between his post-service migraine and his claimed headaches in service. Considering the JMR, the Board finds that another VA examination with opinion is necessary. The matters are REMANDED for the following action: Obtain an addendum opinion from an appropriate clinician regarding whether the Veteran’s migraine headaches are at least as likely as not related to the headaches he experienced during military service or are otherwise related to his military service. The clinician is directed to consider and address the following in formulating their opinion: (a.) The Veteran’s lay statements regarding progressively worsening noise exposure in service and corroborating buddy statements; (b.) The Veteran’s lay statement that he was unaware of his eligibility for Veterans’ assistance; (c.) The specifics of the Veteran’s in-service noise exposure and any acoustic trauma experienced by the Veteran; and (d.) The Veteran’s post-service treatment for migraine headaches. L. M. BARNARD Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board M.D. Taylor, 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.