Migraines & headaches decisions — 2011

The Board has granted service connection for a headache disorder, but denied the remaining claims on appeal. The Veteran's original claims file is presumed destroyed due to Hurricane Ike in September 2008.

The Veteran's claims for an increased rating for chronic headaches and service connection for gunshot wound residuals of the left leg were denied. The Board found that there was no evidence of multi-infarct dementia, which is necessary to grant a higher rating under DC 9304. Service connection for the gunshot wound residuals was also denied as the Veteran's claim did not meet the criteria for service connection.

The Veteran's claim for an increased rating for chronic residual headaches from head trauma is denied as the evidence does not support a finding of prostrating attacks or neurological deficits.

The Veteran's claims for a compensable disability rating for hearing loss and a disability rating in excess of 10 percent for headaches have been denied. The Board found that the Veteran's hearing loss does not warrant a compensable evaluation, as his most severe hearing impairment corresponds to Level IV on the VA auditory acuity table. For headaches, while the Veteran reported frequent episodes, they were not considered very frequent or completely prostrating, thus preventing him from receiving a higher 50% rating.

The Board has determined that the Veteran's tension headaches and gastritis and acid reflux disease are related to his military service, thus granting service connection for these conditions.

The Veteran's claim for increased ratings for residuals of a head injury, including laceration scar to the head and headaches/dizziness, has been granted. The maximum schedular rating of 50% is assigned since March 11, 2002.

The Board has granted service connection for a headache condition and found that the Veteran's Chiari 1 malformation was not aggravated by service. The headaches are considered to have been incurred in service.

The Board has denied the Veteran's claims for service connection for frequent nosebleeds and headache disorder as there is no competent evidence of current disabilities at issue.

The Board has determined that the Veteran's depression is related to his service, and thus grants service connection for this condition.

The Veteran's claim for bilateral hearing loss disability was denied, while his claim for head injury with tension headaches was granted and assigned a 10 percent rating.

The Veteran's appeal is being remanded to the Department of Veterans Affairs Regional Office for scheduling a videoconference Board hearing. The issues include service connection for migraines and bilateral hearing loss, as well as an increased rating for left arm injuries.

The Veteran's appeal is being remanded for additional development, including obtaining updated VA treatment records and scheduling the Veteran for VA examinations to assess his lumbar spine disability, left knee disability, tension headaches status post traumatic brain injury, gastrointestinal disability (GERD), and left wrist disability.

The Board has remanded the case for further development, including obtaining VA treatment records and any Social Security Administration disability benefits documents. The Veteran's service connection claims for hearing loss and migraine headaches will be reconsidered based on the additional evidence.

The Veteran's headaches are currently evaluated as 30 percent disabling and do not meet the criteria for a higher rating. The Veteran's service-connected disability does not render him unemployable.

The Board denied service connection for residuals of a head injury, including headaches, seizures, blackouts and blurred vision, as well as depression secondary to the same. The decision found that the Veteran's pre-existing conditions likely existed prior to his military service.

The Board found that the appellant did not meet the criteria for TDIU prior to January 1, 2006 as he was gainfully employed during this period. Therefore, an earlier effective date is denied.

The Board has determined that additional development is needed for the Veteran's claims, including obtaining medical records and scheduling VA examinations.

The Veteran's claim for service connection for headaches has already been granted, and the Board finds no question of law or fact to be decided regarding this issue. The remaining claims are addressed in the REMAND below.

The Board found that the Veteran did not have migraine headaches, fibromyalgia or chronic fatigue syndrome during service and could not establish a link between these conditions and his military service. As such, the claims for service connection were denied.

The Board has remanded the case due to issues not previously addressed in a statement of the case and failure to provide proper VCAA notice. The claim for a compensable evaluation for service-connected left deviated septum, status post surgery with recurrent sinusitis, chronic rhinitis and sinus headaches is pending.