Citation Nr: 22016346
Decision Date: 03/22/22	Archive Date: 03/22/22

DOCKET NO. 17-40 063
DATE: March 22, 2022

REMANDED

The issue of entitlement to service connection for headaches, to include as secondary to service-connected disability, is remanded.

REASONS FOR REMAND

The Veteran served on active duty from September 1987 to August 1991.

This matter comes before the Board of Veterans' Appeals (Board) on appeal of a February 2016 rating decision by a Department of Veterans Affairs (VA) Regional Office (RO). 

This case was previously remanded by the Board in April 2019 and September 2021.  The case has been returned to the Board for review. 

The Veteran contends that he has a headache disability that is directly related to his active service or secondary to service-connected disabilities.  Specifically, the Veteran contends that his current headache disability is due to being around aircraft on the flight deck or secondary to his service-connected tinnitus and/or posttraumatic stress disorder (PTSD).  

Pursuant to the April 2019 and September 2021 Board remands, the Veteran was provided VA examinations in December 2019 and October 2021.  During the December 2019 VA examination, the Veteran reported that his headaches began in 1988, during his active service.  The VA examiner opined as to the relationship between the Veteran's headaches and his service-connected tinnitus, but did not provide an opinion as to whether the Veteran's migraines are directly related to his active service.  The September 2021 Board remand directed the VA examiner to provide an opinion as to the relationship between the Veteran's migraines and his service-connected PTSD, including medications.  At the October 2021 VA examination, the Veteran reported that his headaches began in 1989, during his active service, but the VA examiner did not provide an opinion as to whether the Veteran's migraines are directly related to his active service.  

The Board finds that the examinations are inadequate for decision-making purposes because neither VA examiner addressed whether the Veteran's migraines are directly related to his active service.  As such, a remand is required so that an addendum opinion may be obtained.  Barr v. Nicholson, 21 Vet. App. 303, 312 (2007).  

The matter is REMANDED for the following action:

1. Forward the record to the examiner who conducted the October 2021 VA examination, or if the examiner is unavailable, another examiner, for completion of an addendum opinion.  If the examiner determines that another in-person examination of the Veteran is required to provide the below-requested information, then such an examination should be scheduled.  

Following review of the record, the examiner should express an opinion as to:

Whether it is at least as likely as not (50 percent or greater probability) that the Veteran's migraines are related to his active service, to include exposure to aircraft on the flight deck.

2. After completion of the above, review the expanded record, including the evidence entered since the most recent supplemental statement of the case, and determine whether service connection for a headache disability may be granted.  If the benefit sought remains denied, furnish the Veteran and his representative with a supplemental statement of the case.  

 

 

MICHELLE L. KANE

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	B. G. LeMoine, 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.