Migraines & headaches decisions — 2010

The Veteran's appeal for an initial compensable rating for tension headaches and increased disability rating for Still's disease rated as 40 percent disabling were denied by the Board.

The Board denied the Veteran's petition to reopen his claims for service connection for headaches, left knee, and back disorders. The claim for right thigh disorder was not addressed as it had already been denied in August 1995.

The Veteran's initial rating for migraine headaches was increased to 30 percent in August 2008, but the Board has now denied a higher initial rating.

The Board has denied the Veteran's claims of service connection for hearing loss and tinnitus, finding no evidence of current disabilities within the meaning of VA regulations. The claim for migraine headaches is pending.

The Board has determined that the Veteran's claimed low back and left knee disabilities are not related to his military service, and thus denied these claims. The Veteran's headaches were also not found to be service-connected.

The Veteran's tension headaches, bilateral pes planus (rated at 30% since May 7, 2008), sinus condition, hemorrhoids, and cervical spine disability have been granted service connection. The Veteran is currently rated at 10% for his cervical spine disability.

The Veteran's total abdominal hysterectomy with bilateral salpingo-oophorectomy, history of vaginitis and endometriosis is currently rated at the maximum schedular evaluation. Her migraine headaches are evaluated at 30 percent, which is the highest schedular rating available for this condition. The Veteran's abdominal adhesions are not entitled to a higher evaluation.

The Veteran's unauthorized medical expenses for a migraine headache on April 9, 2008 are granted as the treatment was in a medical emergency and no VA facility was feasibly available.

The Board finds that the Veteran's currently diagnosed headaches are related to his period of active service, and grants service connection for this condition.

The Veteran's claims for increased evaluations for his service-connected tension headaches and low back disability have been denied. The evidence does not show very frequent completely prostrating and prolonged attacks of severe economic inadaptability for the tension headaches, nor does it indicate incapacitating episodes having a total duration of at least two weeks but less than four weeks during the past 12 months for the low back disability.

The Board has determined that the Veteran's headaches and low back condition both arose during active duty service, granting service connection for both conditions.

The Veteran's claims for service connection have been remanded due to the need for additional medical examinations and evaluations. The issues of whether new and material evidence has been received to reopen claims for service connection for a low back disorder, an acquired psychiatric disorder other than PTSD, and a neck disorder remain pending.

The Veteran's headaches have not been productive of at least characteristic prostrating attacks occurring on an average of once a month over the last several months.,The Veteran is receiving the maximum schedular ratings for limitation of motion of the wrists.

The Board denied service connection for headaches and fatigue, finding that the Veteran's current conditions were not incurred or aggravated by his military service.

The Veteran's claim for compensation under 38 U.S.C.A. § 1151 for pain and swelling in the right hip, migraine headaches, numbness and tingling in the left hand with loss of sensation in the arms and legs, a knot on the right foot, sluggishness and lack of responsiveness, and loss of bowel control was denied due to failure to meet the criteria for compensation under 38 U.S.C.A. § 1151.

The Board has remanded the claims due to insufficient evidence and further development is needed.

The Veteran's claims for service connection have been remanded due to the need for additional evidence, including Social Security Administration records and service personnel records. The Board also requested medical opinions regarding whether any current psychiatric disorder, dizziness, headaches, or hypertension pre-existed his active duty service or were aggravated therein.

The Board has determined that the Veteran's current diagnoses of depression and a chronic headache disorder are related to his military service, resolving all reasonable doubt in favor of the Veteran. Therefore, service connection for both conditions is granted.

The Veteran's asthma, acquired psychiatric disorder (other than PTSD), fatigue, headaches, and GERD were not incurred in or aggravated by service. The Board denied these claims as the evidence does not support a finding of direct service connection.

The Board has ordered a remand due to conflicting medical opinions and the need for additional evidence, including VA and private treatment records.