Migraines & headaches decisions — 2001

The Board has granted a 30 percent evaluation for the veteran's migraine headaches, which is the maximum rating available under the applicable VA Rating Schedule.

The veteran's headaches are rated at a 30 percent evaluation, the highest available for this condition.

The veteran's PTSD is rated at 50 percent effective October 27, 1999. The veteran's residuals of head trauma with associated headaches are currently evaluated as 10 percent disabling and a higher rating is not warranted.

The Board has determined that additional development is needed, including obtaining the veteran's service medical records and ensuring compliance with the Veterans Claims Assistance Act of 2000. The claims for hearing loss, tinnitus, headaches, and nightmares are being remanded to the RO.

The veteran's tinnitus is found to be related to service exposure, and the Board grants service connection for this condition. The other issues remain unresolved.

The Board denied the veteran's claims for increased ratings for schizophrenia, Bell's palsy, and status post head trauma from motor vehicle accident due to his failure to report for scheduled VA examinations without good cause.

The Board has granted service connection for frostbite of the ears and feet, hearing loss, and headaches. The veteran's PTSD is also service-connected.

The veteran's claims for service connection were denied due to lack of new and material evidence, with the exception of his claim for PTSD which was granted.

The Board has denied the veteran's claims for service connection for hypertension, pterygium, and angioedema of the lower lip. The issues regarding increased ratings for left knee reconstruction, sinus disability with headaches, and memory loss and chest pain are still pending.

The veteran's service-connected sinusitis is manifested by more than six non-incapacitating episodes per year, warranting a 30 percent disability evaluation.

The veteran's claims for increased ratings for migraine headaches, irritable bowel syndrome (IBS), and paranoid schizophrenia have been denied. The RO has not assigned any rating or effective date for these conditions.

The Board of Veterans' Appeals denied the veteran's claim for waiver of recovery of overpayment of VA benefits due to a finding of bad faith. The RO is instructed to locate and associate with the claims file all award letters or other correspondence sent to the veteran during the period in question that discuss the amount of monthly compensation he was to receive.

The veteran's allergies were not service-connected, but her right and left knee patellofemoral pain syndrome are each rated at 10 percent disabling. The veteran's headaches are noncompensably disabling.

The Board granted a total disability evaluation based on individual unemployability effective from July 24, 1990. The veteran's claim for service connection for macrocephaly is considered 'unknown' as it was not properly addressed in the appeal process.

The veteran's claim for a higher rating for gastroesophageal reflux disease (GERD) is denied as the symptoms do not meet the criteria for a higher evaluation under Diagnostic Code 7346.

The Board denied the veteran's claim for a higher evaluation for his headaches, finding that the evidence did not meet the criteria for an increased rating under Diagnostic Code 8100.

The veteran's nonpsychotic organic brain syndrome with headaches and dizziness is rated at 50 percent disabling, but his total disability rating based on individual unemployability due to service-connected disabilities remains denied.

The Board has determined that the October 1989 rating decision, which granted service connection for right occipital neuralgia and subsequent headache syndrome with a 10 percent evaluation, was not clearly and unmistakably erroneous. The veteran's current condition is diagnosed as including migraine type headaches, and his disability manifests by characteristic prostrating attacks occurring on average once per month.

The Board denied the veteran's claim for service connection for headaches, blackouts, memory loss, poor vision, and a seizure disorder. The issue of whether new and material evidence has been presented to reopen claims of entitlement to service connection for other conditions is pending.

The veteran's claim for an increased evaluation for migraine headaches is being remanded due to the need for additional development under the Veterans Claims Assistance Act of 2000.