Citation Nr: 21028712
Decision Date: 05/11/21	Archive Date: 05/11/21

DOCKET NO. 15-11 682
DATE: May 11, 2021

REMANDED

Entitlement to service connection for migraine headaches is remanded.

REASONS FOR REMAND

The Veteran served on active duty in the United States Marine Corps from October 2006 to October 2010. 

This matter comes before the Board of Veterans' Appeals (Board) on appeal from a September 2013 rating decision by a Department of Veterans Affairs (VA) Regional Office (RO).

In June 2018, April 2020, and February 2021, the Board remanded the matter for additional development and to provide the Veteran an adequate VA examination on the etiology of his migraine headaches. Although further delay is regrettable, the Board finds that a remand for additional development is required before the Veteran's remaining claim can be decided.

The Veteran asserts he developed headaches in 2009 following exposure to improvised explosive devices (IED) explosions. During the Veteran's most recent VA examination in March 2021, the examiner opined it was less likely than not that the migraine headaches had their onset during service because the records first indicate migraine headaches in 2011, and post-traumatic headaches usually have their onset within days to weeks following the incident. However, the Veteran asserts he made complaints about his headaches to the squadron's Corpsman after his IED exposure; however, the complaints were not recorded properly in his service treatment records (STR). See Correspondence received February 2014. Furthermore, the Veteran stated he had weekly headaches after the IED explosion that he treated with Tylenol. See C&P Examination received October 2020. Additionally, the Veteran's service treatment records reflect that he was treated for headaches in August 2007.  While the March 2021 VA examiner states the Veteran did not have access to medical care with documentation of symptoms and treatment while in the field, she does not address the Veteran's lay statements that he reported headache complaints after the IED explosion but the reports were not properly recorded. The Veteran is competent to report pain and symptoms that are capable of ordinary observation. Layno v. Brown, 6 Vet. App. 465, 469 (1994).

This matter is REMANDED for the following action:

Forward the Veteran's entire claims file to a qualified VA examiner for an opinion regarding the etiology of his migraine headaches. If the examiner determines an additional examination is necessary, such an examination should be scheduled. 

Following a review of the relevant records and lay statements, and an additional examination, if necessary, the examiner should state whether it is at least as likely as not (50 percent probability or greater) that the Veteran's current migraine headaches are causally or etiologically related to the Veteran's military service.

In providing his or her opinion the examiner should address the following: 

(a.) The Veteran's in-service exposure to IED explosions,

(b.) The Veteran's treatment for headaches in August 2007, during his active service, and

(c.) The Veteran's competent and credible statements that he experienced weekly headaches and reported complaints of headaches to the squadron's Corpsman after the IED explosions.

The examiner must provide a rationale for any proffered opinion.

 

 

B. G. LeMoine

Acting Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	C. Townsend, 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.