Migraines & headaches decisions — 2008

The Board has determined that service connection is not warranted for the claimed disabilities, including bilateral ankle and elbow disabilities. The veteran's complaints of pain have not been supported by clinical findings or diagnoses.

The Board has determined that the veteran does not have diagnoses of certain conditions, and there is no competent medical evidence linking his military service to any current disabilities. Therefore, these claims for service connection are denied.

The veteran withdrew his appeals for headaches, cervical sprain and strain, and lumbar sprain and strain.

The Board denied the veteran's claims for service connection for PTSD, depression, migraine headaches, and carpal tunnel syndrome. The evidence did not show a link between her current psychiatric conditions and her reserve duty service.

The Board has determined that the evidence received since the February 1997 final decision does not relate to an unestablished fact necessary to substantiate the claim for service connection for tension headaches, and thus the claim cannot be reopened.

The veteran's cluster headaches are not service-connected, but his residuals of fractures of T12 and L1 vertebrae have been granted a 20% rating. His radiculopathy of the left lower extremity is also service-connected with a 10% rating.

The Board has determined that the veteran's substantive appeal was not timely filed with respect to his claims for service connection for breathing problems, chronic fatigue syndrome, dermatitis and follicular occlusion syndrome of the neck, back and belt line, joint pain including neck, back, and legs, muscle aches, allergy to chemicals, incontinence, and chronic sinusitis. As such, these issues are dismissed.

The Board has determined that the veteran's current neurological disorder, including headaches and a stroke, is not related to his military service. The evidence does not support a finding of in-service injury or disease leading to these conditions.

The veteran's cluster headache disability is manifested by characteristic prostrating attacks occurring on an average of at least once a month over the last several months, warranting a 30 percent disability rating.

The veteran's anxiety and depression are rated at 30 percent, which is the maximum available rating under Diagnostic Code 9400.,Migraines have been rated at 10 percent since August 27, 2007, and 30 percent thereafter. The current rating adequately reflects the severity of this condition.

The Board has determined that service connection is not warranted for any of the claimed disabilities.

The veteran's claims for service connection have been remanded due to the need for further development and consideration of new evidence.

The veteran's service-connected traumatic encephalopathy and left superior oblique palsy with vertical diplopia are rated at the maximum allowable under VA regulations. The veteran is also granted total disability based on individual unemployability due to his service-connected disabilities.

The Board has granted a disability rating of 30 percent for the veteran's service-connected tension headaches, effective from the date of this decision.

The Board has determined that the veteran is entitled to service connection for tension headaches, as these are etiologically related to active service. The lumbar spine disorder issue remains pending and will be addressed in a separate remand.

The Board has denied the veteran's claims for service connection for a skin disorder, flat feet, and headaches due to lack of evidence linking these conditions to his military service.

The Board has found the preponderance of evidence against finding a causal relationship between service and current low back disability (degenerative disc disease) or migraines, thus denying service connection for both conditions.

The Board has remanded the case due to inconsistencies in rating criteria and need for further examination.

The Board has remanded the case to the RO for further action, including scheduling a hearing before the Board.

The veteran's death was caused by a motor vehicle accident, not related to his service-connected disabilities. The veteran did not meet the criteria for DIC benefits under 38 U.S.C.A. § 1318 as he was not rated totally disabled for at least ten years immediately preceding his death.