Migraines & headaches decisions — 2004

The Board has determined that the veteran's claims for service connection and increased disability evaluations are granted, with an effective date of May 15, 1996. The veteran is also granted to reopen his previously denied claims regarding dental trauma and sensory impairment of the left facial area.

The veteran's tinnitus was found to be persistent and warranting a 10 percent evaluation since September 20, 1993. The effective date for this grant of service connection is set at September 20, 1993.

The veteran's claims for service connection for benign positional vertigo and headaches were previously denied. The Board has remanded the case back to the RO for further development, including scheduling a Travel Board hearing.

The Board has determined that the veteran's bilateral hearing loss, tinnitus, and headaches are service-connected.

The Board has remanded the case due to a lack of VCAA notice and for further development, including obtaining a VA medical opinion regarding whether the veteran's headaches and sinusitis are related to service.

The Board has granted service connection for a left knee strain and headaches, finding that these conditions are related to the veteran's military service.

The veteran's appeal is being remanded for additional development, including obtaining medical records and conducting a VA examination. The issues of entitlement to an increased rating for headaches and TDIU are pending.

The Board has granted service connection for migraine headaches, but the issue of an initial disability evaluation in excess of 10 percent for seborrheic dermatitis is remanded.

The veteran's service connection for a disorder characterized by chronic fatigue, tension headaches, and bilateral knee and right shoulder pain (diagnosed as fibromyalgia) is granted due to the presumption of incurrence during service in the Southwest Asia theater of operations.

The Board determined that the veteran's request for an extension of time to file a substantive appeal with respect to the July 24, 2002 statement of the case was not timely filed.

The Board has determined that new and material evidence has not been submitted to reopen the claims for service connection for skin problems, hair loss, headaches, and chronic fatigue. The veteran's claims are therefore denied.

The veteran's claims for service connection for tinea pedis, chronic headaches (including as a result of exposure to Agent Orange), and an increased rating for Hepatitis B are being remanded due to the need for additional development. The VA will obtain medical records, arrange for examinations, and review the claims file.

The Board has denied the veteran's claims for increased ratings for his service-connected migraine headaches, residuals of a medial meniscectomy of the left knee, residuals of a fracture of the left fibula, residuals of a fracture of the right thumb, and residuals of a fracture of the left fourth finger. The claim for an increased rating for the appendectomy scar was not addressed in this decision.

The Board has remanded the veteran's claims for additional development due to incomplete records and need for further examination.

The Board found that the veteran does not currently have sinusitis, but service-connected headaches were incurred during active duty. The initial compensable rating for hemorrhoids was granted in a separate decision.

The Board has granted the veteran's claim for a total disability evaluation based on individual unemployability due to service-connected disabilities, effective October 30, 2001. The effective date is determined by the date of objective evidence showing the veteran was unable to work due to his service-connected conditions.

The veteran's claims for service connection and increased disability ratings were denied. The Board found that the veteran did not have current disabilities related to hives, wrist disorders, carpal tunnel syndrome, or a lumbar spine disorder. Service connection was also denied for chronic sinusitis and seasonal allergies and migraine headaches.

The veteran's appeal is being remanded for additional development, including obtaining VA treatment records and scheduling a VA examination to assess the severity of his right shoulder disability and whether headaches are secondary to that condition.

The Board has granted a 50 percent evaluation for residuals of the head injury with post-traumatic headaches, effective June 12, 1993. The issue of service connection for PTSD remains pending and is considered separately.

The veteran's appeal is being remanded due to the failure to provide proper notice and scheduling for a Travel Board hearing. The RO must ensure compliance with the Veterans Claims Assistance Act of 2000 (VCAA) by providing appropriate notice and readjudicating the claims.