Citation Nr: 21023023 Decision Date: 04/19/21 Archive Date: 04/19/21 DOCKET NO. 13-01 967 DATE: April 19, 2021 REMANDED Entitlement to service connection for a sinus disability is remanded. Entitlement to service connection for migraine headaches is remanded. REASONS FOR REMAND The Veteran served on active duty from August 1974 to September 1976. The matters come before the Board of Veterans’ Appeals (Board) on appeal from a September 2010 rating decision by a Department of Veterans Affairs (VA) Regional Office (RO). In February 2017, the Veteran testified at a hearing before the undersigned Veterans Law Judge. A copy of the proceeding is associated with the electronic claims file. Subsequently, the Board remanded the matter in June 2017 to obtain outstanding VA treatment records. In January 2019, the Board reopened the claims for service connection for a sinus disability and migraine headaches and remanded the issues for further development, to include obtaining a VA examination and medical opinion for the Veteran’s claimed conditions. A November 2019 Board decision denied the claims for service connection for a sinus disability and migraine headaches. The Veteran appealed the denials to the United States Court of Appeals for Veterans Claims (Court). In December 2020, pursuant to a Joint Motion for Partial Remand (JMPR), the Court vacated the Board’s November 2019 denials and remanded the matters to the Board for action consistent with the JMPR. Service Connection for a Sinus Disability and Migraine Headaches In the December 2020 JMPR, the Court vacated and remanded the Board’s denial for service connection for a sinus disability and migraine headaches on the basis that the July 2019 VA examinations were inadequate and that the Board erred in relying upon them. Specifically, the JMPR indicated that the examiner failed to address the Veteran’s post-service sinus complaints in his VA and private treatment records. See September 2016, September 2015, and May 2015 VA treatment records; August 2009 and April 2009 private treatment records. Additionally, while the examiner indicated that the Veteran did not have, or ever had, a diagnosed sinus condition, the record reveals that he was diagnosed with acute sinusitis in 1975 and was assessed to have mild or moderate sinusitis and seasonal allergic rhinitis in 2004. Moreover, regarding the Veteran’s claim for migraine headaches, the JMPR indicated that the examiner incorrectly noted that the Veteran did not complain about migraine headaches after service, as his VA and private medical records indicate that he reported having headaches on a number of occasions. See February 2010, November 2009, and August 2009 VA treatment records; June 2000 and May 2000 private medical records; February 2004 VA examination report. Accordingly, based on the findings of the December 2020 JMPR, remand is necessary to obtain an adequate VA examination and medical opinion regarding the nature and etiology of the Veteran’s claimed sinus disability and migraine headaches. The matters are REMANDED for the following action: 1. Obtain updated VA treatment records. 2. Thereafter, schedule the Veteran for an examination with an appropriate medical professional to determine the nature and etiology of his migraine headaches and sinus disability. The Veteran has asserted that his migraine headaches are secondary to his sinus disability, or that his sinus disability is related to his migraine headaches. Following a review of the record, the examiner should provide responses as to the following: b) Is the Veteran’s migraine headaches at least as likely as not (a 50 percent or greater probability) etiologically related to service? c) In the alternative, is the Veteran’s migraine headaches at least as likely as not (a 50 percent or greater probability) either caused by or aggravated beyond normal progression by a sinus condition? d) Does the Veteran have a diagnosis of a sinus condition during the appellate period (from 2009 to present)? e) If so, is the Veteran’s sinus condition at least as likely as not (a 50 percent or greater probability) etiologically related to service? f) In the alternative, is the Veteran’s sinus condition at least as likely as not (a 50 percent or greater probability) either caused by or aggravated beyond normal progression by a migraine headache condition? A complete rationale must be provided for all opinions expressed. If an opinion cannot be offered without resort to mere speculation, the examiner must indicate why this is the case and what additional evidence, if any, would allow for a more definitive opinion. Nathaniel J. Doan Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board C. Robinson, 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.