Citation Nr: 21042573 Decision Date: 07/13/21 Archive Date: 07/13/21 DOCKET NO. 16-34 150 DATE: July 13, 2021 REMANDED Service connection for migraines (claimed as severe headaches) is remanded. Service connection for mild constipation and gastric ileus is remanded. REASONS FOR REMAND The Veteran served on active duty from March 1974 to May 1974. This matter comes before the Board of Veterans' Appeals (Board) from a March 2014 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO). In February 2016, the Veteran testified before a Decision Review Officer (DRO). In July 2019, the Veteran testified before the undersigned Veterans Law Judge. Transcripts are of record. The Board denied this matter in November 2019. The Veteran appealed the November 2019 Board decision to the United States Court of Appeals for Veterans Claims (the Court). In a December 2020 Joint Motion for Partial Remand (JMPR), the Court remanded, in part, the November 2019 Board decision for readjudication consistent with the JMPR. This appeal has been advanced on the Board's docket pursuant to 38 C.F.R. § 20.800 (c). 1. Service connection for migraine (claimed as severe headaches) is remanded. 2. Service connection for mild constipation and gastric ileus is remanded. The Veteran seeks service connection for migraines and mild constipation and gastric ileus. The December 2020 JMPR indicates the Board failed to provide an adequate statement of reasons or bases to support its November 2019 denial and, in pertinent part, to satisfy its duty to assist in providing an adequate medical examination. In providing a negative nexus opinion, the January 2014 VA migraine examiner indicated that the Veteran did not have chronic headaches in service and that there is no evidence to support that the claimed migraines headaches are a result of service. Similarly, in providing a negative nexus opinion, the January 2014 VA intestinal examiner noted the Veteran's in-service complaints of constipation were not considered to be chronic, persisting for a long time in service. Entitlement to service connection does not require a disability be considered chronic in order to be service connected. 38 C.F.R. § 3.303(a). Furthermore, the examiners did not provide adequate rationale, but rather relied on the absence of objective medical evidence in reaching the stated opinions. Accordingly, on remand, addendum opinions must be obtained. The matters are REMANDED for the following action: Obtain addendum opinions from an appropriate clinician regarding whether the Veteran's migraines and constipation and gastric ileus are at least as likely as not related to his active military service, to include his in-service complaints of headaches and constipation. See, e.g., April 1974 service treatment record. The examiner must provide a complete rationale for all proffered opinions. In doing so, the medical examiner should not rely solely on the absence of medical documentation of headaches or gastrointestinal symptoms in the service medical records to reach a nexus opinion. If the requested opinions cannot be provided without resorting to speculation, the examiner should provide an explanation as to why speculation is required. D. JOHNSON Veterans Law Judge Board of Veterans' Appeals Attorney for the Board M.Aoughsten, 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.