MIGRAINE

Summary

The Veteran, who served from February 2002 to September 2004, appeals the denial of service connection for headaches, head scars, and a bilateral eye condition. The Board notes that subsequent to the initial denial, the VA Regional Office granted service connection for a Traumatic Brain Injury (TBI), headaches secondary to TBI, and head scars as residuals of TBI. Consequently, the Board granted service connection for headaches and head scars, as these were favorably decided by the RO. For the bilateral eye condition, the Veteran claimed it was secondary to TBI. The Board reviewed a February 2019 VA eye examination which diagnosed generalized contraction of the visual field and noted the Veteran experienced blurred vision and photophobia following an in-service IED blast. The VA examiner concluded these findings were consistent with a TBI. While the opinion could have been more detailed, the Board found it adequate, relying on the examiner's expertise and consideration of the Veteran's history. Applying the benefit of the doubt, service connection for the bilateral eye condition, secondary to TBI, was granted. The Board's decision was based on evidence of record at the time of the April 2021 rating decision, as the Veteran withdrew a hearing request.

Rationale

RO granted service connection for TBI, headaches secondary to TBI, and head scars as residuals of TBI.; Board is bound by favorable findings from RO.; Entitlement to service connection for headaches is granted.

Full Decision Text

Citation Nr: A26032876
Decision Date: 04/09/26	Archive Date: 04/09/26

DOCKET NO. 210420-154035
DATE: April 9, 2026

ORDER

Entitlement to service connection for headaches is granted.

Entitlement to service connection for head scars is granted.

Entitlement to service connection for a left eye condition is granted.

Entitlement to service connection for a right eye condition is granted. 

FINDINGS OF FACT

1. The Veteran's headaches are due to his service-connected traumatic brain injury (TBI).

2. The Veteran's head scars are due to his service-connected TBI.

3. The Veteran's left eye condition is due to his service-connected TBI.

4. The Veteran's right eye condition is due to his service-connected TBI.

CONCLUSIONS OF LAW

1. The criteria for service connection for headaches, as secondary to service-connected TBI, are met. 38 U.S.C. §§ 1110, 5107; 38 C.F.R. §§ 3.102, 3.310.

2. The criteria for service connection for head scars, as secondary to service-connected TBI, are met. 38 U.S.C. §§ 1110, 5107; 38 C.F.R. §§ 3.102, 3.310.

3. The criteria for service connection for a left eye condition, as secondary to service-connected TBI, are met. 38 U.S.C. §§ 1110, 5107; 38 C.F.R. §§ 3.102, 3.310.

4. The criteria for service connection for a right eye condition, as secondary to service-connected TBI, are met. 38 U.S.C. §§ 1110, 5107; 38 C.F.R. §§ 3.102, 3.310.

REASONS AND BASES FOR FINDINGS AND CONCLUSIONS

The Veteran served on active duty from February 2002 to September 2004.

This matter comes before the Board of Veterans' Appeals (Board) from an April 2021 rating decision issued by a Department of Veterans Affairs (VA) Regional Office (RO).

In the April 2021 VA Form 10182, Decision Review Request: Board Appeal (Notice of Disagreement), the Veteran elected the Hearing docket. On October 7, 2024, the Veteran withdrew the hearing request.

Therefore, the Board may only consider the evidence of record at the time of the April 2021 agency of original jurisdiction (AOJ) decision on appeal, as well as any evidence submitted by the Veteran or representative within 90 days following receipt of the withdrawal of the hearing request. 38 C.F.R. § 20.302(b). If evidence was submitted either (1) during the period after the AOJ issued the decision on appeal and prior to receipt of the withdrawal, or (2) more than 90 days following receipt of the withdrawal, the Board did not consider it in its decision. 38 C.F.R. §§ 20.300, 20.302(b), 20.801. 

If the Veteran would like VA to consider any evidence that was submitted that the Board could not consider, the Veteran may file a Supplemental Claim (VA Form 20-0995) and submit or identify this evidence. 38 C.F.R. § 3.2501. If the evidence is new and relevant, VA will issue another decision on the claims, considering the new evidence in addition to the evidence previously considered. Id. Specific instructions for filing a Supplemental Claim are included with this decision. 

1. Entitlement to service connection for headaches is granted.

2. Entitlement to service connection for head scars is granted.

The Veteran contends that he is entitled to service connection for headaches and head scars due to an in-service IED blast/secondary to his TBI. See March 2021 VA Form 21-526EZ; April 2021 VA Form 10182.

Subsequent to the filing of the April 2021 VA Form 10182, the AOJ granted service connection for a TBI, headaches due to a TBI, and head scars as residuals of a TBI. See August 2024 and October 2024 rating decisions. 

The Board is bound by these favorable findings. 38 C.F.R. § 3.104(c). Therefore, entitlement to service connection for headaches and head scars is granted. 38 U.S.C. § 5107; 38 C.F.R. § 3.102.

3. Entitlement to service connection for a left eye condition is granted.

4. Entitlement to service connection for a right eye condition is granted.

The Veteran contends that he is entitled to
 the April 2021 VA Form 10182, the AOJ granted service connection for a TBI, headaches due to a TBI, and head scars as residuals of a TBI. See August 2024 and October 2024 rating decisions. 

The Board is bound by these favorable findings. 38 C.F.R. § 3.104(c). Therefore, entitlement to service connection for headaches and head scars is granted. 38 U.S.C. § 5107; 38 C.F.R. § 3.102.

3. Entitlement to service connection for a left eye condition is granted.

4. Entitlement to service connection for a right eye condition is granted.

The Veteran contends that he is entitled to service connection for a bilateral eye condition due to an in-service IED blast/secondary to his TBI. See March 2021 VA Form 21-526EZ; April 2021 VA Form 10182.

?

Service connection on a secondary basis requires (1) evidence of a current disability; (2) evidence of a service-connected disability; and (3) evidence establishing that the service-connected disability either (a) caused, or (b) aggravated, the nonservice-connected disability. 38 C.F.R. § 3.310; Spicer v. McDonough, 61 F.4th 1360 (Fed. Cir. 2023) (invalidating the requirement of "proximate cause" and instead held a "but for" causation or aggravation is enough to show entitlement to secondary service connection).

As discussed above, the Veteran has now been service connected for a TBI.

A February 2019 VA eye conditions examination indicates that the Veteran was diagnosed with bilateral generalized contraction of visual field. At the examination, the Veteran said his vision condition "began when noticing blurred vision upon waking S/P head injury when IED exploded, throwing him from a vehicle. The veteran could only see movement and light for several days, then began to improve. The condition has become more symptomatic since then. He has become very photophobic."

Thus, the Veteran also has a current disability. Therefore, the only remaining issue is causation between the service-connected TBI and the bilateral eye disability.  

The February 2019 VA examiner concluded that "the contracted visual fields, photophobia, [and] accommodative symptoms...are all consistent findings S/P TBI or concussion." 

While the examiner's opinion could be more detailed, in giving the Veteran the benefit of the doubt, the Board finds the opinion to be adequate in that the examiner relied upon the examiner's own expertise, knowledge, and training. Further, the examiner considered lay evidence and the medical history of the Veteran. Therefore, the Board finds the opinion adequate and highly probative.

?

Therefore, after resolving any reasonable doubt in favor of the Veteran, the Board finds that service connection for a bilateral eye condition, secondary to service-connected TBI, is warranted. 38 U.S.C. § 5107; 38 C.F.R. § 3.102.

 

 

MARJORIE A. AUER

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Veljic, Erica A.

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.