Migraines & headaches decisions — 2007

The veteran's migraine headaches have been rated at 10 percent since January 6, 2007. Prior to that date, he was granted service connection but not a compensable rating.

The veteran's claims for service connection for headaches and chronic fatigue syndrome were denied. The claim for back strain was not reopened, and the claim for umbilical hernia was also not reopened.

The Board denied the veteran's claim for an increased rating for his service-connected Gulf War undiagnosed illness, finding that while he had symptoms of multiple conditions, they did not meet the criteria for a higher rating.

The Board found that new and material evidence had not been submitted to reopen the claim of service connection for a lumbar spine disability. The Board also determined that there was no evidence showing that the veteran's current neck pain and headaches were related to his military service.

The veteran's migraine headaches are currently rated at 30 percent, but the evidence does not support a higher rating due to lack of severe economic inadaptability from his headaches.,The scars on the nose and left flank do not meet the criteria for a compensable rating as they are superficial and do not cause limited motion.

The Board has determined that new and material evidence has not been presented to reopen the claims for service connection for nasal deformity, migraine headaches, and PTSD. Therefore, these claims are denied.

The veteran's facial scars, which affect the eyelid area of his left eye, are rated at 30 percent disabling due to their unsightly and tender nature. His migraine headaches have been rated at 50 percent since March 1, 2004.

The Board has reopened the veteran's claims for service connection for sinusitis and boils, finding new and material evidence. Service connection is granted for sinusitis, including sinus headaches, as it was first manifested during service. The claim for service connection for boils is also granted on the merits.

The veteran's service-connected disabilities, particularly fibromyalgia, render him unable to tend to the basic functions of self-care without regular assistance from another person and make him vulnerable to the hazards and dangers incident to his environment. The criteria for SMC based on the need for regular aid and attendance have been met.

The Board has ordered a remand to obtain missing records and verify the veteran's claimed stressors. The claims for service connection will be reconsidered based on the new information.

The Board dismissed the veteran's appeal of fourteen service connection issues due to his request for withdrawal. The only remaining issue is tinnitus, which was denied as there is no evidence that it was incurred during service.

The veteran's claims for service connection for sinusitis and an eye disability manifested by blurred vision are pending. The Board has determined that the veteran's claim of clear and unmistakable error (CUE) in his initial rating decision is granted, resulting in a 50% disability rating for headaches effective December 1, 1994. However, service connection for sinusitis and an eye disability manifested by blurred vision are not warranted.

The veteran's claim for an earlier effective date for a 100 percent evaluation for his service-connected organic brain syndrome and dementia due to cerebral concussion with headaches is denied as the earliest date of increase in disability that can be determined is March 6, 1998.

The Board found that there is no evidence of current diagnosis for residuals of frostbite to the feet, and denied service connection.,There was no causal link between the veteran's headaches in service and any remote incident in service. The Board also denied service connection for headaches.

The Board has reopened the veteran's claims for service connection for chronic headaches and a low back disability, but denied both claims as not having been incurred in or aggravated by active military service.

The Board has granted service connection for headaches, but denied service connection for scars on the feet.

The Board denied reopening of the veteran's claims for service connection due to lack of new and material evidence. The RO had previously denied these claims in March 2002, citing insufficient medical evidence linking current back and head injuries to service.

The veteran's appeal involves claims for service connection for various conditions, including skin cancer, headaches, choking and difficulty swallowing, and erectile dysfunction. The RO is directed to obtain medical records and conduct examinations to determine the nature and etiology of these conditions.

The Board denied service connection for headaches, low back disability, seborrheic dermatitis of the chest, and hypertension as these conditions were not shown to be related to service or any service-connected disabilities.

The veteran's claims for increased ratings for cervical strain, post-concussion migraine headaches, and right knee disability were denied as the evidence did not meet the criteria for a higher evaluation under VA rating criteria.