Migraines & headaches decisions — 2010

The Veteran's migraine headaches are productive of characteristic prostrating attacks averaging one in two months over the last several months, but not monthly. The Veteran is granted a 10% disability rating for his migraine headaches. However, further examination and opinion are needed to determine if the Veteran's sleep apnea and GERD are related to service.

The Board has determined that new and material evidence was not received to reopen claims for low back disability, residuals of head injury (other than headaches), right leg disability, sinusitis, diabetes mellitus, type II, peripheral neuropathy, cardiovascular disability, diabetic retinopathy, throat disability, and PTSD. The Veteran's claims are denied.

The Board denied service connection for headaches and a gastrointestinal disability, finding that the Veteran's pre-existing conditions were not aggravated by his service-connected PTSD.

The Veteran's claims of entitlement to increased ratings for spondylosis, L5-S1 and service connection for sleep apnea were granted. The Veteran was assigned a maximum schedular rating (100%) for residuals of concussion with headaches.

The Board has determined that further development is needed for the Veteran's claims of service connection for asthma/reactive airway disease, sleep apnea, and migraine headaches. This includes obtaining additional medical records from various sources and scheduling VA examinations to address the etiology of these conditions.

The Veteran's bilateral knee pain and recurring headaches are found to be related to her military service, with the Board granting service connection for both conditions.

The Veteran withdrew his appeal concerning the issues of entitlement to service connection for chronic sinusitis, chronic upper respiratory infections, chronic bronchitis, headaches, chronic fatigue, a reduced sense of smell, and a reduced sense of taste.

The Veteran's service connection claim for headaches is granted, and his PTSD with anxiety and OCD is rated at 30 percent.

The Veteran's claims for service connection and increased ratings were denied. The Board found that the evidence did not meet the criteria for a higher initial rating for his bilateral knee disability prior to August 10, 2007, or for either knee as of August 10, 2007.

The Board has found that the evidence is in relative equipoise as to whether the Veteran's migraine headaches are related to service, and therefore grants service connection for this condition.

The Board denied the Veteran's claims of service connection for headaches and a stomach disorder, finding that there was no evidence of a nexus between his current headache disability and any in-service disease or injury. The Board also found that the Veteran's stomach disorder is not secondary to his right knee disability.

The Board denied service connection for residuals of a head injury and chronic headache disorder, finding that the preponderance of evidence is against these claims.

The Veteran's claims for service connection for radiculopathy of the bilateral upper and lower extremities and a headache disorder have been denied as there is no competent medical evidence to support these diagnoses.,There is no current diagnosis of radiculopathy or chronic headaches in the record, despite the Veteran's complaints.

The Board has determined that the Veteran's claim for service connection for headaches cannot be reopened as there is no new and material evidence to support the claim. The previous denial of the claim remains final.

The Board found that the Veteran's headache disorder is not related to his active duty service and denied his claim for an initial compensable disability rating for left eye laceration scar residuals.

The Board granted an initial rating of 20 percent for instability of the Veteran's right knee, effective July 2005.

The Veteran's claim for service connection for a chronic headache disorder was denied as there is no competent evidence of a current diagnosis. The claims for bilateral hearing loss, recurrent tinnitus, cardiac arrhythmia, chronic hypertension and coronary artery disease were also denied due to lack of evidence linking these conditions to active duty.

The Board has determined that the Veteran does not have a current diagnosis of mercury poisoning, hearing loss, tinnitus, organic brain injury, sinusitis, allergies, or headaches. As such, service connection for these conditions is denied.

The Veteran's service-connected stress fractures of the right ankle, left tibial plateau, and right hip/pelvis have been rated as 10 percent disabling since February 28, 2006. The Veteran has not met the criteria for a higher rating under any applicable diagnostic codes.,The Veteran's service-connected stress fractures of the left hip/pelvis have also been rated as 10 percent disabling since February 28, 2006. The Veteran does not meet the criteria for a higher rating under any applicable diagnostic codes.

The Board has remanded the case for further development, including a new VA examination to assess the severity of the Veteran's headaches and compliance with VA's duty to assist. The Veteran is entitled to an initial disability rating in excess of 30 percent for his service-connected headaches.