Migraines & headaches decisions — 2009

The Board denied the Veteran's claims for service connection for residuals of brain concussion, headaches, fluttering of eyes, and nervousness. The claim was reopened due to new evidence submitted since the March 1994 decision, but the Board found that there is no direct service connection as the claimed conditions are not shown in service or related to service.

The Board has determined that new and material evidence has been presented to reopen the Veteran's claim of service connection for migraine headaches. The Board also found that the Veteran's pre-existing headache condition was aggravated by her time in military service, thus meeting the criteria for service connection.

The Board denied service connection for migraine and headache as the Veteran does not suffer from these conditions. The remaining issues were also denied due to lack of a current disability.

The Veteran's service-connected migraine headaches are not manifested by very frequent completely prostrating and prolonged attacks productive of severe economic inadaptability, thus the claim for an initial rating in excess of 30 percent is denied.

The Board denied service connection for nasal and headache disorders, attributing them to allergic rhinitis. The right ankle disorder was also denied as there is no evidence of a chronic condition since service.

The Veteran's initial compensable rating for sinusitis and initial rating in excess of 10 percent for migraine headaches were granted. The issue of entitlement to a total rating based on individual unemployability due to service connected disabilities (TDIU) was also granted.

The Veteran's sciatic neuritis is found to be secondary to his service-connected lumbar spine disorder. The Board also finds that the Veteran meets the criteria for a TDIU based on his combined disability rating of 60 percent, which warrants consideration of an extraschedular rating due to unemployability.

The Board has granted service connection for PTSD with an effective date of August 24, 1995. The Veteran's earlier effective date claim is denied as the July 1995 denial became final due to a prior final decision.

The Board has remanded the case to the RO for additional development, including obtaining complete hospital records and arranging for a VA examination. The Veteran's claims of service connection and compensation under 38 U.S.C.A. § 1151 will be readjudicated based on the new evidence.

The Veteran's claim for an effective date prior to September 29, 1999 for the grant of service connection for a gastrointestinal disorder is denied.,The Veteran's claim for an effective date prior to September 29, 1999 for the grant of service connection for a right ankle disability is denied.,The Veteran's claim for an effective date prior to September 29, 1999 for the grant of service connection for allergic rhino-sinusitis with headaches is denied.

The Veteran's headaches are very frequent, completely prostrating, and productive of severe economic inadaptability. The Board finds that the overall record supports the assignment of a maximum 50 percent rating for headaches.

The Board found that new and material evidence had not been received to reopen the claim of service connection for residuals of a head injury, thus denying the reopening of the claim.

The Board has denied the Veteran's claims for service connection for a low back disability, migraine headaches, an acquired psychiatric disability, and exercise-induced asthma due to lack of evidence showing these conditions were incurred in or aggravated by her military service.

The Board has remanded the case due to incomplete service records and a need for further investigation into the appellant's periods of active duty, including National Guard service. The claim will be returned after compliance with appellate procedure.

The appellant's service-connected disabilities do not prevent him from obtaining substantially gainful employment.

The Board denied the Veteran's claims of entitlement to service connection for various conditions, including arachnoid brain cysts, anemia, anxiety disorder, nerve damage, headaches, impaired speech patterns, angina pectoris, lumbar spinal stenosis, and stomach pain. The Board found that there was no evidence linking these conditions to the Veteran's time in service.

The Veteran's claims for increased ratings and service connection were denied. The RO found that the Veteran did not meet the schedular criteria for a compensable disability rating for her service-connected eczema, left knee disability, or migraine headaches. She was also denied service connection for bilateral athlete's foot, low back pain, and abdominal pain.

The Veteran's migraine headaches are currently rated at 10 percent, and the Board finds that they do not warrant a higher rating based on the evidence of record.

The Veteran's claims for increased ratings and service connection are being remanded due to the need for further medical examinations and evaluations.

The Veteran's appeal is being remanded due to the need for a video conference hearing.