BVA Case 14-0138: Back

Real Board of Veterans' Appeals decision · March 16,2015 · SCHOELEN, Judge

Outcome
Vacated / Remanded
Decision Date
March 16,2015
Judge
SCHOELEN, Judge
Service Era
Not specified

Conditions Claimed

BackCervicalHearing_LossTinnitusShoulderHeadacheTbiSkinGiEye

Issues on Appeal

Service ConnectionHearing Loss

Why It Was Decided This Way

In the December 27,2013,decision on appeal,the Board denied disability compensation for migraine headaches,a central nervous system disability manifested by dizziness,bilateral hearing loss,tinnitus,and a skin disability, to include melanoma.

In the December 2013 decision on appeal,the Board found that the objective evidence established that the appellant does not have a central nervous system disability manifested by dizziness.

Regarding the appellant's claim for migraine headaches,the Board found the VA medical examiner's opinion more probative than the appellant's lay assertions regarding etiology and concluded that the objective medical evidence weighed against finding a nexus between his current disability and service or his other service-connected disabilities.

Regarding the appellant's 5 contentions that he experienced continual symptoms following service, the Board found the appellant's allegations not credible and concluded that the weight of the evidence does not support a finding of continuous symptoms since service.

Discussion The appellant argues that the Board failed to adjudicate the reasonably raised alternative theory of service connection � that his migraine headaches and dizziness are secondary to his service-connected head trauma.

Finally,he argues that the Board provided an inadequate statement of reasons or bases for its decision and failed to explain why it reversed its previously favorable credibility determination.

The appellant is mistaken when he argues that the Board failed to adjudicate whether his migraine headaches are secondary to his service-connected head trauma.

The Board determined that the weight of the evidence is against a finding that a current migraine headache disability is related to service or to the appellant's service-connected disabilities.

Authorities Cited

Abernathy v. PrincipiAllday v. BrownArdison v. BrownAries v. PeakeBarr v. NicholsonCacciola v. GibsonCoburn v. NicholsonDalton v. NicholsonDyment v. WestFletcher v. DerwinskiHensley v. BrownKutscherousky v. WestMiller v. WestOwens v. BrownPolovick v. ShinsekiReeves v. ShinsekiRizzo v. ShinsekiRodriguez v. PeakeSee Best v. PrincipiSee Buchanan v. NicholsonSee Dennis v. NicholsonSee Frankel v. DerwinskiSee Hampton v. GoberSee Hensley v. WestSee Kay v. PrincipiSee Pederson v. McSee Stefl v. NicholsonSee Stegall v. WestThompson v. Gober

Denial Type

Credibility|No Nexus|Not Service Connected|Inadequate Exam

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