Migraines & headaches decisions — 2002

The veteran's claim for service connection for sinusitis has been reopened, and he is now entitled to a higher initial evaluation of 40 percent for his degenerative joint disease, lumbar spine. His cluster headaches are also rated at the maximum available under the applicable code. The veteran's postoperative residuals, fracture, left tibia and fibula, and postoperative residuals, fracture, left femur, both receive evaluations of 20 percent.

The Board denied an increased evaluation for the veteran's residuals of head injury with post traumatic headaches, currently rated at 30 percent. The evidence showed daily headaches but did not meet criteria for a higher rating due to lack of very frequent completely prostrating and prolonged attacks productive of severe economic inadaptability.

The Board denied service connection for kidney stones, headaches, a deviated nasal septum, residuals of a fracture of the 1st metatarsal of the right foot, and residuals of right eye trauma. The veteran's conditions are considered to be directly related to his active service.

The Board has reopened the claim of service connection for a low back disorder and granted an increased evaluation of 10 percent for tension headaches.

The Board denied the veteran's claim for a compensable initial rating for his service-connected headaches, finding that there was no evidence of prostrating attacks or severe economic inadaptability.

The Board has determined that the veteran's headaches and nausea/gastritis did not occur during service or are otherwise related to his military service. The appeals for these conditions have been denied.

The Board denied the veteran's claims of entitlement to service connection for PTSD, headaches, and brain damage. The evidence did not establish in-service stressors for PTSD or show a current diagnosis of these conditions.

The Board has determined that new and material evidence has been submitted to reopen the claim of entitlement to service connection for tinnitus. The issue of entitlement to service connection for migraine headaches is also addressed, but a final decision on this matter will be provided after additional development.

The Board has granted the reopening of the veteran's previously denied claim for service connection for residuals of a head injury, but has determined that additional development is needed before deciding whether he is entitled to service connection. The issue of entitlement to service connection remains undecided.

The veteran's service-connected migraine headaches, residuals of a skull fracture, are currently rated at 30 percent and the claim for an increased rating is denied.

The Board has granted service connection for the claimed conditions (depression, anxiety, headaches, irritable bowel syndrome, stomach disorder, and heart disorder) as secondary to PTSD.

The veteran's appeal was dismissed due to his death prior to the Board's decision.

The veteran's degenerative arthritis of the lumbar spine, fatigue and multiple joint pain (arthralgia), and headaches are all found to be related to his military service. Service connection is granted for these conditions.

The veteran's service-connected seizure disorder with headaches is not shown to have caused at least one major seizure in the last two years or at least two minor seizures in the last six months, thus warranting a 10% rating.

The Board has determined that the veteran's service-connected disabilities render him unable to secure or follow a substantially gainful occupation, warranting TDIU. The claim of service connection for hypertension is denied due to lack of evidence showing it was incurred in service.

The veteran's service-connected cervical strain was rated at 10 percent prior to December 26, 2001 and remains at that level on and after. The veteran's post-concussion migraine headaches are assigned a 30 percent evaluation.

The veteran's current complaints of headaches, muscle spasms, and speech impediment are not related to the December 1965 VA brain surgery. The Board finds that these symptoms are attributable to his ongoing spasmodic torticollis.

The Board dismissed the veteran's claims for increased ratings and service connection due to lack of timely substantive appeals, except for the claim of an increased rating for residuals of a fracture of the right tibia.

The veteran's claim for an increased rating for his scars was granted, with a 30 percent evaluation effective August 30, 2002. The veteran also received service connection for migraines as secondary to his existing compensation for his scars under 38 U.S.C. § 1151.

The Board has granted a 50 percent rating for the veteran's headaches and found that his vasomotor instability was incurred in active service. The veteran is also entitled to service connection for this condition.