Migraines & headaches decisions — 2001

The veteran's claims for service connection for headaches, defective hearing, hypertension, and PTSD have been denied. Service connection has been established for diabetes mellitus (Type II).

The Board has remanded the case due to new legal requirements under the Veterans Claims Assistance Act of 2000 (VCAA). The veteran's claims for increased evaluations and service connection are pending.

The Board has granted higher initial evaluations for migraine headaches (10% prior to June 10, 1996; 30% as of that date) and spondylosis of the lumbar spine with disc bulging at L4-5 and L5-S1 (20%), but denied hypertension.

The veteran's left carpal tunnel syndrome, bilateral subcutaneous mastectomies (partly due to service-connected fibrocystic breast disease), tinnitus, migraine headaches, hypertension, and irritable bowel syndrome are all granted. The residuals of her left foot bunionectomy and ostectomy with bilateral hallux valgus are also granted.

The Board dismissed the appeal because the veteran failed to submit a timely Substantive Appeal for the July 1998 rating decision, which granted a 10 percent evaluation for service-connected headaches as secondary to head trauma and denied service connection for hypertension.

The Board denied the veteran's claims for service connection for PTSD, peripheral neuropathy as secondary to Agent Orange exposure, and headaches as secondary to PTSD. The appeals regarding the initial ratings for fractures of the right hand were also denied.

The VA has assigned a 10 percent disability evaluation for the appellant's service-connected residuals of head trauma, including headache disorder. This is based on the appellant's reported symptoms and lack of neurological findings.

The Board has determined that the veteran's prostatic hypertrophy was not incurred in or aggravated by his active military service. However, the veteran suffers from chronic headaches which have been presumed to be due to an undiagnosed illness during his service in the Southwest Asia Theater of Operations.

The Board granted service connection for headaches effective from August 27, 1996. The veteran's initial claim was denied in September 1990 but reopened and awarded a rating of 30 percent effective from the date his request to reopen was received.

The Board denied the veteran's claims for service connection on multiple issues, finding that new and material evidence was not presented to reopen any of these claims.

The Board has granted a higher rating of 50 percent for the appellant's service-connected residuals of a comminuted fracture of the first lumbar vertebra, based on severe limitation of motion with demonstrable vertebral body deformity. The head trauma issue remains at its current 10 percent rating.

The Board has denied the veteran's claims for service connection for headaches, a right ankle condition, allergies, and a neck disorder. The claim for tinea versicolor was also denied, as no new and material evidence had been submitted to reopen the previous denial of service connection for a foot disorder.

The Board found no evidence of a current disorder manifested by muscle pain of the back and stomach, and denied service connection for these conditions. The appellant's migraine headaches were not considered to be causally related to service.

The Board denied the veteran's claims for higher initial evaluations for headaches and reflux esophagitis, finding that the evidence did not meet the criteria for a 30 percent evaluation under Diagnostic Code 8100 for headaches.

The Board has determined that the veteran's service-connected conditions do not warrant a compensable evaluation in any of the cases. The preponderance of evidence is against the claims for increased evaluations.

The Board denied the veteran's request to reopen his claim for service connection for a back disorder, finding that new and material evidence had not been submitted.

The VA denied a higher evaluation for the veteran's service-connected residuals of skull fracture with chronic headaches, currently rated as 10 percent disabling.

The veteran's combined rating for his service-connected conditions is 40%, which does not meet the minimum requirement of 60% or more to be eligible for TDIU benefits. The Board finds that the veteran's service-connected disabilities do not render him unable to obtain or retain employment, as he can work at home as a network marketer.

The Board denied service connection for fatigue, diarrhea, respiratory symptoms, abnormal growth of the index finger of the left hand, skin rash, and headaches as due to undiagnosed illness related to Gulf War service.

The Board denied the appellant's claim as he was not permanently incapable of self-support prior to reaching the age of 18, and therefore could not be recognized as a helpless child of his veteran father.