Migraines & headaches decisions — 2008

The Board has denied the veteran's claims for service connection for various conditions, including lumbar spine disability, memory loss, joint pain, headaches, and right upper extremity and cervical spine disabilities. The evidence did not raise a reasonable possibility of substantiating these claims.

Service connection has been granted for fibrocystic disease of the breasts and residuals of bilateral shin splints. The other conditions are pending.

The veteran's PTSD renders him unable to obtain or retain substantially gainful employment throughout the appeal period, and his initial rating for PTSD is granted at a 100 percent evaluation.

The Board has granted service connection for PTSD. The claims for a gastric disability, skin rashes, and headaches have been denied as not well-grounded.

The veteran's claims for service connection on all issues except tinnitus were denied. The maximum disability rating of 10% for tinnitus was granted.

The veteran's service-connected conditions, including migraine headaches, sleep apnea, and knee/shoulder disabilities, render him unemployable. The Board has granted a TDIU based on these conditions.

The Board dismissed the appeal as there is no remaining case or controversy over which the Board has jurisdiction. The issue of CUE in the December 1956 and April 1966 rating decisions is not before the Board, and the veteran's representative has specifically denied that such an issue has been raised in this appeal.

The Board denied the veteran's claims for increased disability evaluations and service connection, finding no new and material evidence to reopen his claim of chronic back injury residuals. The bilateral foot disorder was not shown to have started in service, and there is insufficient medical evidence to support a current diagnosis of PTSD or maxillary sinusitis with right frontal sinus osteoma and headaches.

The veteran's appeal is being remanded due to incomplete medical records and failure to provide proper VCAA notice. The VA will need to obtain the veteran's SSA records, South Carolina Department of Vocational Rehabilitation records, and any VA treatment records from June 2004 to present. A VA audiological examination for rating purposes should also be conducted.

The Board has denied the veteran's claims for service connection for a low back disorder, migraines, depression, and a left shoulder disorder due to lack of medical evidence linking these conditions to his military service.

The Board has determined that there is no evidence of chronic bronchitis during service or post-service, and thus the veteran's claim for service connection for bronchitis is denied.

The Board has granted increased ratings for the veteran's cervical spine degenerative disc disease, post-traumatic headaches, and ganglion cyst of the left wrist. The veteran now receives a 20 percent rating for his cervical spine disability since August 13, 2003, a 30 percent rating for his headaches, and a 10 percent rating for his ganglion cyst.

The veteran's appeal is being remanded for further development and readjudication of his claims, including a VA examination for headaches and consideration of the TDIU issue.

The Board granted service connection for PTSD, which is linked to the veteran's depression, memory loss, nerves disorder, stress disorder, eating disorder, sleeplessness, and violent behavior. The headaches are also found to be secondary to PTSD.

The Board found that the evidence submitted since the previous final denial does not relate to unestablished facts necessary to substantiate the claims for service connection for degenerative disc disease of the cervical spine, lumbar spine, an eye disorder including residuals of a left eye injury, and hypertension. As such, these claims are not reopened.

The Board has granted service connection for sinusitis and migraine headaches, finding that the veteran incurred these conditions during active duty.

The veteran's left shoulder disorder is currently rated as 10 percent disabling, reflecting limitation of motion and painful motion. His migraine headaches are currently rated as 10 percent disabling, based on characteristic prostrating attacks occurring up to four times per month.,Both conditions meet the criteria for a 10 percent rating under their respective diagnostic codes.

The Board denied the veteran's claims for service connection for various conditions, finding that there was no evidence of a qualifying chronic disability under 38 C.F.R. § 3.317 and concluding that the veteran's symptoms were not related to her military service.

The veteran's appeal is being remanded for proper VCAA notice regarding increased disability ratings.

The veteran's PTSD has been rated at 100 percent since May 16, 2003. He is also granted a TDIU rating.