Migraines & headaches decisions — 2001

The Board has remanded the case due to changes in the law and the need for additional development, including obtaining medical records and scheduling examinations.

The veteran's depressive disorder is rated at 70 percent, warranting a total rating based on individual unemployability due to service-connected disability. The headaches and dizziness claim remains pending.

The Board denied the veteran's claim for an initial compensable evaluation for migraine headaches, finding that her migraines do not meet the criteria for a higher rating.

The Board has granted a 50 percent rating for the veteran's post-traumatic headaches, which are currently rated as 30 percent disabling. The veteran meets the criteria for this higher rating due to very frequent completely prostrating and prolonged attacks productive of severe economic inadaptability.

The Board has determined that there is no service-connected disability that caused or contributed to the veteran's death, and thus denied the claim for service connection for the cause of the veteran's death.

The VA has determined that the veteran's psychiatric disability, which includes anxiety neurosis with somatic and dissociative symptoms, hyperventilation syndrome, and headaches, does not warrant an evaluation in excess of 30 percent. The veteran's service-connected disabilities do not meet the criteria for a total rating based on unemployability due to service-connected disabilities.

The VA denied the veteran's claim for an increased disability rating for his residuals of head injury, including headaches.

The Board found that the veteran did not timely appeal the denial of service connection for hypertension and headaches, which were denied in September 1996.

The Board has determined that the veteran does not have a disability of service origin manifested by headaches and therefore denied the claim for service connection.

The veteran's symptoms involving headaches, lack of energy, restlessness, feelings of fatigue, flu-like symptoms, muscle pain, short-term memory loss, vertigo, and loss of strength of the upper extremities have been attributed to a known clinical diagnosis of chronic fatigue syndrome. The Board has denied service connection on a presumptive basis as these symptoms are not due to an undiagnosed illness related to his service in Southwest Asia during the Persian Gulf War.

The Board denied increased ratings for the appellant's vascular headaches and major depression, but confirmed a 50 percent evaluation for her service-connected mental condition. The appeal was not about service connection.

The Board denied the veteran's claims for increased ratings for hypertension and irritable colon syndrome, finding that the evidence did not meet the criteria for a higher evaluation under either the old or new VA rating criteria.

The veteran has withdrawn his appeal, and the case is dismissed.

The Board has determined that the preponderance of the evidence is against the claims for a compensable disability rating for allergic rhinitis and headaches.

The Board denied the veteran's claims for service connection of headaches and increased ratings for his right thigh, left eye, left upper arm, and right hand disabilities. The headaches were not found to be caused by a service-connected disability. The right thigh disability was rated as moderately severe, but no higher rating is granted due to lack of aggravation. The left eye and left upper arm disabilities are both rated at 10 percent. The right hand disability does not meet the criteria for a compensable rating.

The Board denied the veteran's claims for service connection for headaches and an increased rating for allergic rhinitis, as well as his claim for compensation under 38 U.S.C.A. § 1151 for residuals of a fracture of the left lower extremity (including disability of the left ankle, left foot, left hip, and back, and depression). The Board also denied his total disability rating based on individual unemployability due to service-connected disabilities and his waiver of recovery of indebtedness created by overpayment of VA vocational rehabilitation benefits.

The Board assigned an effective date of September 28, 1988 for a 30 percent evaluation for the veteran's service-connected migraine headaches with a history of post-concussion headaches. The veteran argued that his headaches should have been rated earlier due to his testimony at an RO hearing in February 1996.

The Board denied the veteran's claims for increased ratings for his lumbar spine disability, maxillary sinusitis/rhinitis, and migraine headaches. The TDIU claim was also denied as the veteran is not precluded from substantially gainful employment due to his service-connected disabilities.

The Board found that the appellant's headaches did not have a direct relationship to his military service, including an incident in 1990 where he was struck with a pool cue. The evidence does not support a finding of service connection for these conditions.

The Board has found reasonable doubt in both the veteran's claims for service connection and a compensable rating for his service-connected residuals of pulmonary tuberculosis. The veteran is granted service connection for tinnitus, but the Board finds that reasonable doubt also arises as to whether he currently suffers from a chronic pulmonary disability secondary to his service-connected tuberculosis. For the neurological disability claim, reasonable doubt has arisen as to whether it is related to service.