Migraines & headaches decisions — 2001

The veteran's service connection claims for various symptoms are denied as they do not meet the criteria for service connection under the provisions of 38 U.S.C.A. § 1117 and 38 C.F.R. § 3.317, which pertain to Persian Gulf War veterans.

The Board has determined that the veteran's service-connected mixed headache disorder, including migraine and tension headaches, warrants restoration of a 50 percent rating.

The Board granted a 40% evaluation for the veteran's low back disability and found that he is entitled to TDIU benefits based on his service-connected disabilities.

The veteran's claims for increased ratings for fibromyalgia with chronic fatigue, migraine headaches, and other service-connected conditions were denied as the evidence did not show symptoms that warranted a higher rating.

The Board has remanded the case for further development, including obtaining medical records and scheduling VA examinations to evaluate the veteran's service-connected headache disorder and his claim of secondary service connection for depression. The RO must also ensure compliance with the Veterans Claims Assistance Act of 2000.

The Board found that the veteran's migraine headaches, bilateral pes planus, and bilateral knee disorders are of service origin. The hearing loss was not shown during service or currently. The low back strain is already rated at its maximum disability level.

The veteran's migraine headaches are manifested by symptoms of frequent attacks and severe pain, causing him to lose time from work. The Board has determined that the criteria for a 50 percent disability rating have been met.

The Board has granted service connection for certain conditions due to an undiagnosed illness, including cervical strain, migraine headaches, periodontal disease (bleeding gums), respiratory condition, memory loss, problems with bowel movements, and psychiatric disorder. Service connection is denied for other conditions.

The Board has determined that the veteran's numbness of the hands and feet is not service-connected, but his residuals of a head injury (other than headaches) are currently evaluated at 50 percent since January 16, 1997.

The Board has granted an increased rating of 50 percent for the veteran's chronic brain syndrome with headaches, effective from April 2000. The claim to reopen a service connection for residuals of injury to the eyes was also granted.

The Board has denied service connection for post-traumatic stress disorder due to the lack of a current diagnosis. The veteran's claims for gastrointestinal disability, migraine headaches, and enlargement of glands in the groin region are remanded for additional development.

The veteran's appeal for service connection on multiple issues was denied. The appeals were based on secondary service connection theories, but no specific exposure basis or PACT Act involvement was noted.

The Board denied the veteran's claims for a higher rating for his service-connected headaches and for service connection for voluntary ptosis of the eyes. The veteran was granted service connection for headaches, but with a 10 percent evaluation effective from May 1991.

The Board has determined that the veteran does not have PTSD, residuals of a head injury, or chronic headache and left-sided facial numbness related to his period of active duty service.

The Board has found that the veteran's headache disorder is related to his service and granted service connection for this condition.

The Board has determined that the veteran's claim for an earlier effective date of October 8, 1998 for a 30 percent rating for service-connected migraine headaches is granted. The effective date will be set at July 18, 1994, based on the fact that his disability had been manifest by daily episodes of headaches since then.

The veteran's appeal was denied for service connection of a low back disorder and for increased evaluations for PTSD, post-traumatic migraine headaches, tinnitus, residuals of a left knee injury with post-traumatic arthritis, status post excision of fibromatosis with residual scar, and mid-occipital scalp scar. The RO confirmed noncompensable ratings for hearing loss and scar, residual of a left temple gunshot wound.

The Board has determined that the veteran's claimed speech disorder, bilateral heel spurs, and headache disorder were not incurred or aggravated during his period of active service. The evidence does not support a finding that these conditions are related to service.

The veteran's service-connected right ear hearing loss, tinnitus, adjustment disorder with anxious features, and post traumatic headaches are all rated at the minimum compensable level of 10 percent. The RO has granted these evaluations effective from October 1998.