Migraines & headaches decisions — 2005

The Board is remanding the veteran's claims for new and material evidence, service connection, and evaluation issues due to outstanding records and inadequate medical assessments.

The Board has remanded the case for further development to address service connection claims, including verifying stressors and examining the veteran's current health conditions.

The Board denied the veteran's claim for service connection for involuntary jerking with muscle soreness and stomach soreness, which he claimed was secondary to his service-connected post-traumatic headaches.

The Board has remanded the case due to insufficient medical opinion regarding the onset and causation of the veteran's claimed conditions. The RO is instructed to provide a VA examination for this purpose.

The Board denied the veteran's claims for an initial rating in excess of 10 percent for migraine headaches and a date earlier than February 6, 2004, for grant of service connection for dementia as secondary to her service-connected stroke residuals.

The Board has remanded the case due to unclear periods of active and inactive duty for training, and requests additional evidence from the RO.

The veteran's vision in both eyes is not less than 5/200 and he does not have concentric contraction of the visual field to 5 degrees or less; he is not a patient in a nursing home because of incapacity; and he has not established a factual need for aid and attendance. Therefore, the requirements for special monthly pension based upon the need for regular aid and attendance of another person have not been met.

The Board denied the veteran's claims for service connection for dizziness and headaches, as well as a right shoulder injury, finding no current medical evidence of chronic disabilities unrelated to his in-service grenade explosion. The Board also noted that there was insufficient information regarding the 1969 automobile accident to determine if it occurred in the line of duty.

The veteran's claims for increased ratings for his service-connected depression, subarachnoid hemorrhage residuals, and facial weakness have been denied as the evidence does not show that these conditions warrant a rating higher than the current assigned ratings.

The Board has remanded the case due to incomplete VA medical records and the need for further examination regarding the veteran's claimed disabilities.

The Board denied service connection for PTSD, Memory Loss, Chronic Fatigue Syndrome, Thyroid Disorder, Muscle Aches, Skin Disorder, and Headaches. The veteran's claims were based on direct evidence of a chronic condition related to his military service.

The Board has determined that the veteran's service-connected post-traumatic migraine headaches do not warrant a disability rating in excess of 30 percent.

The Board denied all issues related to service connection and increased evaluation for tendonitis of the right elbow, finding no evidence of a link between any claimed conditions and service.

The veteran's headaches are not considered to be a result of VA treatment, and the Board finds that there is no evidence showing that the proximate cause of his additional disability was due to VA's carelessness or negligence.

The veteran's combined disability rating of 40 percent has never been greater than the minimum schedular criteria for TDIU, as he does not meet the required percentage standards set forth in 38 C.F.R. § 4.16(a).

The Board found new and material evidence sufficient to reopen the claims of service connection for multiple joint pain in the hands, lower back, right knee, and headaches with fatigue. The case was remanded for additional development including verification of the veteran's Gulf War service.

The veteran's request to have his hearing rescheduled was made in a timely manner and for good cause. His claims folder will be transferred to the most convenient RO or satellite office for servicing, and he will be scheduled for a Board hearing at that location.

The Board has ordered additional development of the appellant's medical records to determine his eligibility for death pension benefits as an adult helpless child of the veteran. The appellant claims he should be eligible due to injuries sustained at various ages, but the relevant medical records are not available.

The Board has remanded the case due to insufficient evidence regarding the veteran's claimed stressors and service connection for PTSD, hypertension, headaches, and CAD. The issues of secondary service connection will be deferred until further development is completed.

The VA has determined that the veteran's PTSD and migraine headaches do not meet or approximate the criteria for a higher evaluation, with the current 50% ratings being the maximum allowed under the applicable rating schedule.