Migraines & headaches decisions — 2008

The Board has reopened the veteran's claim for service connection of PTSD, but denied both the reopening and the merits of his claim for service connection of a headache disorder.

The Board has found that the veteran's service-connected migraine headaches warrant a maximum schedular rating of 50 percent, which is granted.

The veteran's claims for compensable ratings for fibrocystic breast disease and herpes, hypermenorrhea, and pelvic thromboplebitis to include headaches were denied by operation of law due to failure to report for a VA examination.,Claims for service connection for blurred vision, bilateral shoulder pain, and heart palpitations were also denied by operation of law as the evidence did not relate to unestablished facts necessary to substantiate these claims.

The veteran's claimed conditions of headaches, dizziness, and blackouts were not shown to be incurred in or aggravated by active duty. The cervical spine disability was rated based on the criteria prior to July 1, 2008, but no increased rating is granted since that date.

The veteran's claims for higher initial evaluations and service connection were denied. The VA found that his migraine headaches, osteoarthritis of the right ankle, asthma, allergic rhinitis with sinusitis, hypertension, residuals of a nose fracture, anemia, diverticulosis, and narcissistic personality disorder did not warrant increased ratings or service connection.

The Board has granted a 30 percent rating for chronic headache disorder since December 28, 2005. Prior to that date, the veteran's condition did not meet criteria for a compensable rating.

The veteran's appeals for increased disability ratings and initial evaluations are being remanded due to the need for additional development of his claims, including obtaining missing treatment records.

The Board denied service connection for headaches, finding that the veteran's headaches are associated with nonservice-connected rhinitis and sinusitis. Service connection was granted for chronic fatigue syndrome (formerly fibromyalgia) and irritable bowel syndrome, but the claims were denied as not meeting the criteria for higher ratings.

The Board has determined that the evidence does not support service connection for bilateral sensorineural hearing loss, tinnitus, or migraine headaches. The appellant's current conditions are not shown to have been incurred during his military service.

The Board has remanded the case for further development due to scheduling a hearing before a Veterans Law Judge at the RO.

The Board has determined that the veteran does not have current diagnoses for most of his claimed conditions, and those with current diagnoses do not meet the criteria for service connection due to lack of evidence linking them to military service or a service-connected disability.

The Board has determined that the veteran's chronic headaches, right shoulder disability, and residuals of a neck injury are of service origin or intimately associated with service-connected disabilities. The appeal is granted.

The Board has remanded the case for additional development, including obtaining in-service hospitalization records and determining whether an additional VA examination is warranted.

The Board has denied the veteran's claims for service connection for migraine headaches, a right ankle condition, and a right hand condition due to lack of evidence linking these conditions to his military service.

The veteran's claims for service connection for various conditions are denied as they are not related to his military service or due to an undiagnosed illness experienced during the Persian Gulf War.

The veteran's mixed headaches are rated at 30 percent, and her irritable bowel syndrome is rated at 10 percent. Both conditions meet the criteria for their respective ratings.

The Board found that the appellant's psychiatric disability, sinus disability, and chronic headache disorder were not incurred in or aggravated by service due to his alcohol intoxication during a June 1998 incident. The Board concluded that these disabilities resulted from willful misconduct.

The Board has granted a higher initial rating of 50 percent for the veteran's migraine headaches as of May 22, 2008. Prior to that date, the veteran was rated at 30 percent.

The Board denied the veteran's claims for service connection for migraine headaches, a heart condition, hypertension, and a lumbar spine disorder as secondary to his service-connected PTSD. The veteran was not granted service connection for any of these conditions.

The Board has ordered additional development as the veteran's active service records are unclear and may not have been submitted. The case will be returned to the RO for further action.