Migraines & headaches decisions — 2001

The Board has remanded the case for additional development due to new regulations and evidence requirements under the Veterans Claims Assistance Act of 2000.

The Board has denied the veteran's claims for service connection for fungus of the toes, dry nasal passages, skin rash, headaches, fatigue, joint pain, bowel problems, and bladder problems, all claimed as chronic disabilities resulting from undiagnosed illness.

The veteran's fatigue and migraine headaches are presumed to be due to an undiagnosed illness that developed during service. The left knee arthritis is also presumed to have been incurred in service.

The Board found that the veteran does not have PTSD, and his reported symptoms of insomnia, irritability, diminished sex drive, memory loss, headaches, elbow condition, and left ankle pain are related to known clinical diagnoses rather than an undiagnosed illness. The veteran's joint pain is also considered but no specific service connection was granted.

The Board has determined that the appellant's claim of service connection for fatigue and headaches, claimed as secondary to anti-convulsive medications taken for his service-connected seizure disorder, was denied by the RO. The case is being remanded for further development and readjudication.

The Board found that the criteria for a compensable rating for residuals of a nose fracture and septoplasty have not been met at any time since the award of service connection for that disability. The veteran's claims of service connection for cervical strain and headaches are remanded due to insufficient evidence regarding their current existence or relationship to her military service.

The Board denied the veteran's claims for increased evaluations for his service-connected tension headaches and intermittent palsy of the left lateral rectus eye muscle, finding that neither condition warranted a higher evaluation based on the evidence provided.

The Board denied the appellant's claims for basic eligibility for nonservice-connected VA death pension benefits and entitlement to accrued benefits due to a lack of pending claims at the time of the veteran's death. The claim for service connection for the cause of the veteran's death is addressed in the remand portion.

For the period from September 1, 1994 to January 19, 1996, a 20 percent evaluation for chronic lumbosacral strain with degenerative joint disease and postoperative residuals of a synovial cyst is granted.,From April 1, 1996, the veteran's low back disability has not met criteria for an evaluation in excess of 20 percent.

The Board denied the veteran's claim for service connection for a chronic headache disorder, finding that his headaches did not constitute a chronic disability and were not incurred in or aggravated by active military service.

The veteran's service-connected disabilities do not permanently and totally preclude him from engaging in substantially gainful employment, as his combined disability rating is 30 percent.

The Board has restored the appellant's 10 percent evaluation for service-connected migraine headaches, effective January 1, 2000. The evidence did not show an actual improvement in her condition.

The Board has determined that the veteran's claimed PTSD, low back disability, tinea versicolor, headache disability, left ankle disability, and right ankle disability are not related to service. The VA has made efforts to obtain the veteran's service medical records but was unable to locate them.

The veteran is seeking service connection for residuals of a cervical spine injury, including headaches and depression. The Board has ordered additional examinations to determine the nature and extent of any current disabilities and whether they are related to the July 1972 injury in service.

The Board has determined that the veteran's claimed disabilities are not related to his service in the Persian Gulf War, and thus does not warrant service connection under the provisions of Chapter 11 of Title 38, United States Code.

The Board has determined that the veteran does not have a current left knee disability and denied service connection for migraine headaches. The tension headaches were found to be incurred in service.

The Board has denied the veteran's claims for increased ratings for headaches and arthralgias due to undiagnosed illness, finding that the evidence does not support a higher rating based on the frequency or severity of his symptoms.

The Board denied the veteran's claims for an increased rating for his service-connected residuals of a blowout fracture and service connection for chronic sinusitis and bronchitis, finding that neither condition was shown to be related to service or secondary to another service-connected disability.

The Board found that the veteran's complaints of headaches and memory loss are part of his service-connected dysthymia, and thus denied a separate evaluation for these conditions.

The Board denied reopening the veteran's claim for service connection of a head disorder, including personality disorder, paranoid schizophrenia, headaches, residuals of head injury, and/or seizure disorder. The new evidence submitted since September 1998 is not considered material to reopen the claim.