Migraines & headaches decisions — 2007

The Board has determined that new and material evidence has been submitted to reopen the claims for service connection for residuals of a right eye injury and headache disorder. These claims are now considered de novo.

The Board found no evidence linking the veteran's current neck disorder and headaches to his service, thus denying service connection for these conditions.

The veteran's claims for increased ratings were granted, with the highest rating of 50% for migraines and 20% for right leg stress fracture with arthralgia from September 8, 2003 onwards. The claim for hypertension was not addressed in this decision.

The Board has reopened the claims for service connection for fibromyalgia and bullous emphysema, but denied reopening of the claims for CFS and IBS due to lack of new and material evidence. The veteran's current level of hearing loss is not a disability for VA purposes, and tinnitus has not been shown by competent medical evidence to be etiologically related to service.

The Board has remanded the case for further development and readjudication, including consideration of new evidence, a VA examination, and compliance with VCAA notification requirements.

The veteran's service-connected disabilities, including degenerative disc and joint disease of the cervical spine with left upper extremity radiculopathy, degenerative disc and joint disease of the lumbar spine with left lower extremity radiculopathy, and migraine headaches, have resulted in a combined schedular rating of 90 percent. The veteran is unable to walk or use stairs due to his service-connected disabilities, meeting the criteria for specially adapted housing.

The Board has determined that the veteran's claimed migraine headaches are not related to his military service and therefore denied his claim for service connection.

The Board has denied the veteran's claim for a total disability evaluation based on individual unemployability (TDIU) due to her service-connected disabilities, as they do not prevent her from securing or following substantially gainful employment.

The Board has reopened the veteran's claim for service connection for headaches, but remands the case to obtain additional medical records and provide the veteran with another opportunity to submit evidence.

The Board has determined that the veteran's right shoulder strain, sinus infection, headaches, low back disorder, and degenerative disc disease of the cervical spine were not incurred or aggravated by service.

The Board found that the veteran's headaches and aneurysm were not incurred or aggravated during service, and service connection for these conditions was denied.

The veteran's service-connected headaches have not met the criteria for a disability rating in excess of 10 percent since October 30, 2002.

The Board has granted service connection for a residual scar from a gunshot wound to the left temple, finding that it is at least as likely as not related to an in-service injury. The claim for recurrent headaches remains pending and will be addressed in a separate remand.

The veteran's appeal is being remanded for a hearing before a Veterans Law Judge at the Regional Office. The issues of entitlement to higher ratings for headaches and paresthesia/hyperesthesia are pending.

The Board found that the veteran's current headaches did not stem from a head injury sustained during service, and thus denied his claim for service connection.

The veteran's claims for service connection and increased ratings were denied. The Board found no evidence of a current right knee disorder, and the left knee disability did not meet criteria for higher evaluations prior to or from November 2004. Headaches, lumbar spine disorder, cervical spine disorder, and peripheral neuropathy of the left hand were also evaluated without meeting criteria for increased ratings.

The veteran's claim for a rating in excess of 10 percent for headaches, as a residual of traumatic brain disease, was denied by the Board. The veteran is currently rated at 10 percent for his headaches under Diagnostic Code 8045.

The veteran's migraine headaches are rated at 30 percent, and her TDIU claim is denied.

The veteran's migraine headaches are rated at 50 percent effective September 14, 2005. The right wrist disability is rated at 30 percent effective September 14, 2005.

The Board has determined that the veteran's current head, neck, and back disabilities are not related to his military service. The evidence does not support a finding of inservice injury or disease for these conditions.