Migraines & headaches decisions — 2004

The veteran's migraine headache disability is manifested by attacks occurring from one to three times per day, which have on occasion been prostrating. The criteria for a 30 percent rating for migraine headaches are met.

The Board has granted an effective date of August 2, 1994 for the 10 percent rating assigned for the veteran's service-connected headaches. The veteran was awarded a 20 percent disability rating for his cervical spine disorder from August 2, 1994.

The veteran's request for a hearing before the Board is acknowledged, and his case is remanded for further development.

The Board has denied the veteran's claims for service connection for various conditions, including PTSD, fibromyalgia, cervical cancer/dysplasia, ear disorder (otitis media and externa), nasal disorder (upper respiratory infections and sinusitis), headache disorder, jaw disorder, cervical spine disorder, and low back disorder. The evidence received since the October 1993 rating decision does not show that any of these conditions were incurred in or aggravated by service.

The Board denied the veteran's claims for service connection for various conditions, including fatigue, nosebleeds, muscle tension headaches, shortness of breath, herpes of the left parietal scalp (claimed as skin rash with hair loss due to undiagnosed illness), throat irritation, and hiatal hernia. The evidence did not support a finding that these conditions were related to his service or an undiagnosed illness.

The VA has denied the veteran's claims for service connection and increased rating for his cerebral concussion with residuals, as well as his claim for hardening of the veins with other circulatory problems.

The Board denied service connection for right knee disorder, left knee disorder, right heel pain, and headaches as the claims were not well-grounded.

The Board granted service connection for migraine headaches and left knee strain, assigning a noncompensable rating to both conditions effective May 1, 1996. The veteran was also granted entitlement to service connection for bilateral hearing loss disability and sinus disorder, but the issues were not addressed due to procedural issues.

The Board has determined that the reduction of the veteran's evaluations for migraine headaches and adjustment disorder was not properly implemented, resulting in a denial.

The veteran's claims for service connection are being remanded due to the need for additional action by the RO, including obtaining private medical records and ensuring compliance with VCAA requirements.

The veteran's migraine headaches and sinusitis and allergic rhinitis have been granted initial evaluations, with the rating for migraine headaches increased to 30 percent effective February 27, 1997.

The Board has determined that the veteran's migraine headaches are currently evaluated at a 30 percent rating, which is the maximum available under Diagnostic Code 8100. The evidence does not support an increase in evaluation.

The veteran's claim for service connection for headaches is being remanded due to the need to obtain additional medical records and notify him of his rights under the Veterans Claims Assistance Act of 2000.

The veteran's claims for increased ratings for tinea pedis, headaches, and peptic ulcer disease with duodenitis were denied. The veteran was granted a compensable evaluation for his service-connected tinea pedis.

The veteran's appeal is being remanded for additional development and to ensure that all notification and development required by the Veterans Claims Assistance Act of 2000 are completed.

The veteran withdrew his appeal for service connection of headaches. The case is remanded to determine an initial rating in excess of 20 percent for undiagnosed illness characterized by muscle and joint pain, dizziness, fatigue, mood and memory problems.

The Board has determined that the veteran's headaches, muscle aches, insomnia and sleeplessness, fatigue, memory loss, joint pain and stiffness, depression, numbness in extremities, bleeding from gums, and frequent thirst are all considered to be due to undiagnosed illnesses related to his service in the Persian Gulf War. As such, these claims have been granted.

The veteran's appeal is being remanded for additional development, including a new examination and review of the claims file to determine if higher ratings are warranted for his service-connected conditions.

The Board has determined that the veteran's undiagnosed illness, characterized by multi-joint stiffness, tension headaches, respiratory problems, and gastrointestinal problems, is service-connected.

The Board denied the veteran's claim for a total disability rating based on individual unemployability (TDIU) as his service-connected disabilities do not meet the percentage requirements set out in 38 C.F.R. § 4.16(a). The case is remanded to determine if the veteran should receive a separate rating for diplopia and to refer it to the Compensation and Pension Director under 38 C.F.R. § 4.16(b) for further consideration.