Citation Nr: 21030106
Decision Date: 05/17/21	Archive Date: 05/17/21

DOCKET NO. 16-20 990
DATE: May 17, 2021

REMANDED

Entitlement to service connection for tension headaches, to include exposure to explosive devices and as secondary to his service-connected posttraumatic stress disorder (PTSD), is remanded.

REASONS FOR REMAND

The Veteran had active military service from December 2003 to April 2005.

This matter comes before the Board of Veterans' Appeals (Board) from a September 2017 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO).

1. Entitlement to service connection for tension headaches, to include exposure to explosive devices and as secondary to his service-connected PTSD, is remanded.

In November 2018, the Board remanded the case for an opinion as to whether the Veteran's headaches are at least as likely as not related to active service, to include headaches he contends he experienced in Iraq during active service.

The opinion obtained for the Veteran's headache disability noted that the evidence does not show that he had headaches during service and therefore, the Veteran's headaches are not related to his military service.  The Veteran reported that he was exposed to many improvised explosive devices during deployment.  An opinion is needed as to whether the Veteran's headaches are related to his military service, regardless as to whether the examiner finds that the Veteran had headaches during service or not.  

The matters are REMANDED for the following action:

1. Obtain an addendum opinion from an appropriate clinician regarding whether the Veteran's currently diagnosed tension headaches are at least as likely as not related to his military service, to include his exposure to improvised explosive devices.  

The examiner is directed that the opinion should state whether it is at least as likely as not that the Veteran's current headaches are related to his military service, regardless as to whether the examiner finds that the Veteran had headaches during service or not.

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The examiner should also opine whether it is at least as likely as not that his current headache disability is not caused or aggravated by any service-connected disabilities.

2. Readjudicate the Veteran's claim, with application of all appropriate laws, regulations, and case law, and consideration of any additional information obtained as a result of this remand.  If the decision remains adverse to the Veteran, he and his representative should be furnished a supplemental statement of the case and afforded an appropriate period of time within which to respond thereto.

 

 

KRISTI L. GUNN

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Tahirih S. Samadani, 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.