Migraines & headaches decisions — 2009

The Veteran's appeal is being remanded for scheduling a Travel Board hearing. The issues of service connection for various psychiatric and physical conditions are pending.

The Veteran's appeal is being remanded for a videoconference hearing before a Veterans Law Judge at the RO. The case will then be returned to the Board for further appellate review.

The Board granted a 20 percent evaluation for the service-connected right ankle disability, finding that it met the criteria for marked limitation of motion. The claim for service connection for headaches was also granted.

The Veteran's claims for service connection for PTSD, bilateral hearing loss, skin disorder, and peripheral neuropathy were denied. The claim for migraine headache disability was also denied as no current diagnosis of the condition has been established.

The Veteran's claims for service connection for depression and photophobia and nausea as secondary to his service-connected migraine headaches have been denied. His claim for a rating in excess of 50 percent for migraines has also been denied, and he is not shown to be unable to secure or follow a substantially gainful occupation due to his service-connected disabilities.

The Board has granted a 30 percent rating for the Veteran's cervicogenic headaches, which are considered a separately ratable neurological manifestation of her service-connected cervical spine disability.

The Veteran's claim for service connection for the residuals of a head injury, including an acquired psychiatric disorder, memory loss, headaches, tinnitus, postural vertigo and status post loss of consciousness, and scar of the left ear is granted.

The Board has determined that the Veteran's service-connected headaches are not of a prostrating nature and do not meet the criteria for a compensable rating under Diagnostic Code 8100. As such, an initial compensable rating is denied.

The Veteran's service-connected disabilities do not render her incapable of securing and following substantially gainful employment.

The Veteran is seeking an earlier effective date for the grant of service connection for posttraumatic organic brain syndrome with mood disorder, memory loss, and headaches. The RO must consider whether there was clear and unmistakable error in a previous April 1992 rating decision.

The Board denied the Veteran's claims for service connection for migraine headaches and an acquired psychiatric disorder, finding that new and material evidence had not been received to reopen his previously denied claims.

The Veteran's acquired psychiatric disorder, headaches, and thyroid disorder were not incurred in or aggravated by her military service.

The Veteran's claim for a higher initial rating for his low back disability was granted, and he is now receiving the maximum available benefit. The claim for service connection for cluster headaches has been granted based on new evidence.

The Board has granted service connection for concussion syndrome manifested by headaches due to CUE in the May 1996 rating decision. The Veteran's claim for service connection for blackouts (and dizziness) is remanded for further development and consideration.

The Board has determined that additional evidence is needed and the case is being remanded for further development, including obtaining medical records from the Veteran's treatment facility and scheduling a VA examination to assess his claimed conditions.

The Board has remanded the case due to incomplete service records and the need for a VA examination.

The Veteran claims service connection for residuals of a head injury, including chronic headaches. The Board finds that further development is necessary to determine the nature and etiology of any current residuals of a head injury, to include headaches.

The Veteran's arteriosclerotic cardiovascular disease is rated at 60 percent effective October 1, 2008. The Veteran's migraine headaches are rated at 30 percent effective October 1, 2008.

The Veteran's migraine headaches are very frequent, prostrating, prolonged, and productive of severe economic inadaptability. The Board finds the evidence more closely approximates the requirements for a 50 percent rating than the currently assigned 30 percent rating.

The Board has determined that the Veteran's degenerative arthritis of the right knee is proximately due to or the result of service-connected reflex sympathetic dystrophy, right lower extremity, to include the thigh. The claims for increased evaluations and service connection for migraines are remanded as additional examinations and/or medical opinions are needed.