Migraines & headaches decisions — 2009

The Board denied service connection for various conditions, including cardiovascular disorder, sinus disorder, skin condition of the face and body, headaches, memory loss, and joint aches. The claims were based on theories of undiagnosed illness related to service in Southwest Asia during the Persian Gulf War.

The Veteran's appeal is being remanded for a Travel Board hearing at the RO. The issues of service connection for various conditions are under review.

The Veteran's hypertension and migraine headaches have been evaluated as noncompensably disabling. The Board finds that a compensable evaluation is not warranted for either condition.

The Board found that the October 2002 administrative decision, which determined that the appellant's bad conduct discharge did not constitute a bar to VA benefits, was not clearly and unmistakably erroneous. The RO had considered all relevant facts at the time of the decision.

The Veteran's claims for service connection for various conditions, including chronic fatigue syndrome, eczema, sleep disturbance, headaches, gastrointestinal disability (GERD), muscle and joint pain, and lumbar degenerative disc disease, were denied as the evidence does not support a relationship to service or an undiagnosed illness.

The Veteran's appeal is being remanded for additional development to determine the nature, extent and etiology of any psychiatric disability, low back disorder, and disabilities manifested by headaches, sleepiness, poor memory and concentration, and sexual dysfunction.

The Board has determined that new and material evidence has been presented to reopen the claims for service connection for sinus disorder, migraine headaches, back disorder, kidney disorder, and acquired psychiatric disorder (previously considered as PTSD). The Veteran's current diagnoses of these conditions are supported by recent VA treatment records. However, the claim for service connection remains denied due to a lack of evidence establishing a nexus between her military service and these disorders.

The Veteran's migraine headaches are not shown to be characterized by prostrating attacks occurring on average once a month over several months, which would warrant a higher initial evaluation. The Board finds the disability picture most closely approximates the criteria for a 10 percent rating.

The Veteran's claims for increased ratings for his left knee, right shoulder, and migraine headache disabilities are being remanded due to the need for additional VA examinations.

The Board has granted a 30 percent evaluation for headaches, the maximum available under Diagnostic Code 8100. The other issues remain unchanged with noncompensable ratings.

The Board has denied the Veteran's claims for service connection for a lower back disorder and a chronic headache disorder, finding that there is no competent evidence linking these conditions to his military service or his service-connected hepatitis C.

The Board has remanded the case due to unclear information regarding the gross amount of retired pay and the net retired pay after any Federal income tax was withheld.

The Veteran's service-connected disabilities, which include PTSD, shrapnel wounds, and lymphoma, are rated at a combined 60 percent. However, the VA compensation examiners concluded that his disabilities do not prevent him from obtaining or maintaining substantially gainful employment.

The Board has determined that the Veteran does not have a current right elbow disorder, left elbow disorder, or headaches related to her active military service.

The Veteran's headaches are rated at the highest possible initial evaluation of 50 percent. Service connection is granted for left frontoparietal parasagittal meningioma, including residual scarring, deviated nasal septum, dizziness with imbalance, memory loss and speech problems, fatigue, right index middle phalanx fracture residuals, and facial injury residuals.

The Veteran's appeal has been withdrawn prior to the Board making a decision.

The Veteran was granted an initial compensable rating for ophthalmic migraines from September 21, 1998. He was also granted a higher rating of 30 percent effective April 29, 2002. The effective date for the 30 percent rating was set at April 29, 2002.,The Veteran's service-connected ophthalmic migraines have been rated as 30 percent disabling since April 29, 2002.

The Board found that the Veteran's neck condition was not incurred in or aggravated by his military service and may not be presumed to have been incurred in service. The most probative medical evidence on file indicates the Veteran's neck condition is not attributable to either period of his military service - including, in particular, to either of two whiplash injuries that he sustained in motor vehicle accidents during service.

The Board found that the Veteran's headaches were not incurred in or aggravated by active service and are not proximately due to, or aggravated by, a service-connected psychiatric disability.

The Veteran's bilateral Achilles' tendonitis and migraine headaches have been rated, but the current ratings do not reflect the severity of his conditions as determined by recent VA examinations.