Citation Nr: 21042480 Decision Date: 07/13/21 Archive Date: 07/13/21 DOCKET NO. 20-03 840 DATE: July 13, 2021 ORDER Entitlement to service connection for migraines is granted. FINDING OF FACT The Veteran's migraines are caused by his service-connected posttraumatic stress disorder (PTSD) with major depressive disorder (MDD). CONCLUSION OF LAW The criteria to establish service connection for migraines have been met. 38 U.S.C. §§ 1110, 5103, 5103A, 5107; 38 C.F.R. §§ 3.102, 3.303, 3.310. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from October 1969 to September 1972. The Veteran appealed an August 2017 rating decision by the Agency of Original Jurisdiction (AOJ). In March 2021, the Board of Veterans' Appeals (Board) remanded the Veteran's claim to the AOJ for further action consistent with the Board's remand directives. The claim is back before the Board for further appellate proceedings. The Board finds there has been substantial compliance with its remand directives. See Stegall v. West, 11 Vet. App. 268, 271 (1998). The Veteran's attorney representative withdrew their representation. See March 2021 correspondence. As the Veteran has not appointed a new representative since his representative's withdrawal, the Veteran is unrepresented in his appeal. A veteran is entitled to the Department of Veteran Affairs (VA) disability compensation if there is a disability resulting from personal injury suffered or disease contracted in the line of duty in active service, or for aggravation of a preexisting injury suffered or disease contracted in the line of duty in active service. 38 U.S.C. § 1110. Generally, to establish a right to compensation for a present disability, a veteran must show: (1) a present disability; (2) an in-service incurrence or aggravation of a disease or injury; and (3) a causal relationship between the present disability and the disease or injury incurred or aggravated during service, the so-called "nexus" requirement. Shedden v. Principi, 381 F.3d 1163, 1167 (Fed. Cir. 2004). Service connection may be granted for any disease diagnosed after discharge, when all of the evidence, including that pertinent to service, establishes that a disease was incurred in service. 38 C.F.R. § 3.303(d). Under section 3.310(a) of VA regulations, service connection may be established on a secondary basis for a disability which is proximately due to or the result of service-connected disease or injury. 38 C.F.R. § 3.310(a). Establishing service connection on a secondary basis requires evidence sufficient to show: (1) a current disability; (2) a service-connected disability; and (3) a nexus between the current disability and the service-connected disability. See Wallin v. West, 11 Vet. App. 509, 512 (1988). As to the third Wallin element, the current disability may be either (a) proximately caused by or (b) proximately aggravated by a service-connected disability. Allen v. Brown, 7 Vet. App. 439, 448 (1995) (en banc). The Veteran has migraines. See August 2019 Dr. M.B. opinion. The Veteran is service connection for PTSD with MDD. Dr. M.B.'s August 2019 examination found that the Veteran's PTSD with MDD aided in the development of the Veteran's migraine headaches. Dr. M.B. noted "medical research states that patients with mental health conditions are more likely to develop headaches" and that "it is well established that mental disorders both cause and aggravate headaches." The Board finds Dr. M.B.'s opinion probative. The May 2021 VA opinions also noted that there is some correlation between headaches and PTSD with MDD. A November 1992 VA examination regarding PTSD noted the Veteran's symptoms of headaches. The Board finds that there is persuasive evidence of record establishing a link between the Veteran's migraines and his service-connected PTSD with MDD. Accordingly, the Board finds that a grant of service connection is warranted for migraines. See 38 U.S.C. § 5107(b); 38 C.F.R. § 3.102. DONNIE R. HACHEY Veterans Law Judge Board of Veterans' Appeals Attorney for the Board A. Zheng, 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.