Migraines & headaches decisions — 2010

The Veteran's claims for service connection and initial ratings have been granted. The Veteran is now service-connected for hearing loss, tinnitus, residuals of an eye injury, hypertension (as secondary to sleep apnea), facial reconstruction, obstructive sleep apnea, fractures of the right hand, a fracture of the right wrist, and headaches.

The Veteran's appeal for an increased rating for migraine headaches was dismissed due to the death of the appellant.

The Board found that the Veteran's death was not caused by his service-connected PTSD, and thus denied entitlement to service connection for cause of death.

The Veteran's appeal for an earlier effective date for a 100 percent rating for PTSD with dementia and headaches was denied. The issue of his competency for direct receipt of VA benefits was withdrawn.

The Veteran's claims for service connection for depression, dizziness, and headaches have been denied. The claim for increased evaluation of chronic suppurative otitis media has also been denied as the maximum schedular rating is already assigned. No effective date prior to May 26, 2009, for a higher rating for bilateral hearing loss was granted.

The Board has determined that new and material evidence has been received to reopen the Veteran's claim of entitlement to service connection for residuals of an intracerebral hemorrhage. The Board also found that the Veteran's headaches in active service were related to his vascular anomaly, which led to a subsequent intracerebral hemorrhage requiring surgical intervention.

The Board denied an initial schedular evaluation in excess of 40 percent for the Veteran's service-connected fibromyalgia with headaches, sleeplessness, fatigue, and diffuse multiple joint pain. The issue of whether separate ratings for individual joint disabilities are warranted was also denied.

The Board found that the Veteran's headaches and dizziness are not related to his military service, thus denying his claim for service connection.

The Board has reopened the claims for service connection for headaches and right eye disorder, but the merits of these claims have not been decided yet. The Veteran's current symptoms are related to his period of service.

The Board has determined that additional development is needed to fully evaluate the Veteran's claims, including obtaining service treatment records and scheduling appropriate examinations.

The Board denied the Veteran's claims for service connection for hearing loss, headaches, shortness of breath, hypertension, and thyroid condition. The Board found that there was no evidence of continuity of symptomatology following service and concluded that the current diagnoses were not related to service.

The Board has decided to remand the case for further development, including a new VA examination and opinion regarding the Veteran's current sinus problems and headaches. The issues of entitlement to service connection for residuals of bronchitis, headaches, and sinusitis will be considered as separate issues.

The Veteran's migraine headaches were rated at 10 percent from June 1, 2007 to January 5, 2010. After January 5, 2010, the rating was increased to 30 percent.

The Veteran's claim for compensation under 38 U.S.C.A. � 1151 is being remanded due to the need for additional medical examination and review of records, including a signed consent form from the July 2007 sinus surgery.

The Board has determined that the Veteran's diagnosed cluster headaches did not have their onset in service or within one year thereafter and are not etiologically linked to his military service. The claim for a low back disability is remanded.

The Board denied the Veteran's claims for service connection for low back and bilateral shoulder disabilities, as well as the reduction in his disability rating for bilateral hearing loss. The decision also addressed a claim regarding headaches but noted that further development was needed.

The Veteran's claimed conditions, including migraine headaches, hearing loss, arthritis of various joints, asthma, lower back degenerative disc disease and muscle pain, an acquired psychiatric disorder to include depression, allergies and rhinitis, and nerve paralysis, were not incurred in or aggravated by service.

The Veteran's low back strain has been rated at 40 percent since December 20, 2007. The Board found that the evidence did not support a higher rating prior to this date.

The Veteran's claims for increased ratings were denied as his service-connected conditions did not meet the criteria for higher evaluations.

The Veteran's right knee disability and status-post head trauma with mixed type headaches are both granted, with the latter receiving a maximum schedular evaluation of 50 percent.