Citation Nr: 21039858 Decision Date: 07/01/21 Archive Date: 07/01/21 DOCKET NO. 17-25 159 DATE: July 1, 2021 ORDER Entitlement to service connection for migraine headaches is granted. FINDING OF FACT The probative evidence of record demonstrates that the Veteran's migraines are etiologically related to service. CONCLUSION OF LAW The criteria for service connection for migraines headaches are met. 38 U.S.C. §§ 1110, 5107; 38 C.F.R. §§ 3.102, 3.303. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served in the Air Force from February 2001 to February 2005. The Veteran's claims come to the Board of Veterans Appeals (Board) through a May 2016 rating decision. While the Veteran initially appealed a number of the denied issues in that rating decision, the Veteran only appealed the issue of service connection for migraines to the Board. The Veteran appeared and testified at a hearing before the undersigned Veteran's Law Judge (VLJ) in June 2021. Service connection Entitlement to service connection for migraines The Veteran contends that his headaches are related to service. At his hearing, he testified that he initially experienced headaches during service while deployed to Iraq, when he was tending to burn pits as a firefighter. Thereafter, he has continued to experience headaches at least monthly. While the Veteran received some Ibuprofen during service, it did not help much, and the headaches have never gone away. Service connection may be granted for disability resulting from disease or injury incurred in or aggravated by active service. 38 U.S.C. §§ 1110, 5107; 38 C.F.R. § 3.303. The three-element test for service connection requires evidence of: (1) a current disability; (2) in-service incurrence or aggravation of a disease or injury; and (3) a causal relationship between the current disability and the in-service disease or injury. Shedden v. Principi, 381 F.3d 1163, 1166 -67 (Fed. Cir. 2004). The Veteran has a diagnosis of headaches/migraines and his service is consistent with exposure to burn pits. Thus, the first two elements of service connection are met. Id. Turning to whether his headaches are related to service, the Veteran submitted two private opinions. The first is dated May 2017 and is from S.M. This clinician states that after a review of the medical records from the Veteran and an interview with the Veteran, it was at least as likely as not that his headaches began during service and continued to the present. See document labeled VA Examination, received May 11, 2017. The second opinion is from J.S., D.O., dated July 2018. Dr. J.S. stated that after a review of the record, including lay statements submitted by the Veteran and others, it was at least as likely as not that his headaches began during service and continued to the present. See document labeled Correspondence, received July 21, 2020. The Board gives these private opinions great probative weight because they considered the medical record and gave support for their opinions. Nieves-Rodriguez v. Peake, 22 Vet. App. 295, 304 (2008). The Board has considered the VA examination in May 2016 wherein the Veteran described headaches that started after service. However, a medical opinion concurrent with that examination stated that the Veteran's headaches started during service. See Disability Benefits Questionnaire (DBQ) - Veteran Provided, received September 12, 2016. Further, the file contains a statement from R.F. who knew the Veteran during service and to the present day. R.F. recalls the Veteran experiencing migraines during service up to the present. See document labeled Military Personnel Record, received May 2017. In addition, the Board finds the Veteran's testimony about the onset of his headaches to be credible and supported by the remainder of the evidence of record. Given the above, the Board finds that the Veteran's migraines started during service and continued to the present. Thus, the criteria for service connection for migraines have been met and his claim is granted. Bethany L. Buck Veterans Law Judge Board of Veterans' Appeals Attorney for the Board I. M. Hitchcock 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.