Migraines & headaches decisions — 2011

The Veteran's claim for payment or reimbursement of unauthorized medical expenses incurred on August 25, 2009 is being remanded due to the need for additional development and consideration. Specifically, the AOJ must obtain a copy of the September 2009 VA medical opinion regarding whether there was a valid medical emergency on that day, as well as any outstanding VA treatment records from The Villages OPC and the Gainesville VAMC. Additionally, the AOJ needs to attempt to obtain private treatment records from Leesburg Regional Medical Center.

The Board denied the Veteran's claims of entitlement to service connection for bilateral hearing loss, headaches, a nervous disorder, and a back condition. The evidence did not show that any of these conditions were incurred during or caused by his military service.

The Veteran's claims for increased ratings for migraine headaches and lumbosacral strain with degenerative disc disease, disc bulging L4-5, and degenerative joint disease were denied as the evidence did not show that his conditions warranted a higher rating.

The Veteran's brain cancer, bladder incontinence, yeast infection, chronic headaches, and depression were not service-connected due to lack of evidence linking these conditions to his military service. The cause of death was determined to be progressive leptomeningeal glioma, anaplastic astrocytoma.

The Board has determined that additional development is necessary prior to adjudication of the Veteran's claims for service connection, including obtaining private treatment records and scheduling VA examinations.

The Board denied payment or reimbursement of unauthorized medical expenses incurred at a private hospital on October 12, 2010 because the treatment was not for an emergency as defined by law.

The Veteran's low back disability and right forearm injury with a large fatty tumor are not service-connected.,There is no evidence of herbicide or ionizing radiation exposure during service, nor any diagnosed skin condition on hands and arms. The Veteran's claimed disabilities do not meet the criteria for service connection based on these exposures.,The Veteran has not been diagnosed with a pulmonary disorder related to service, asbestos exposure, or second-hand tobacco smoke.,There is no evidence of a current disability characterized by general malaise or headaches that can be linked to service.

The Board has determined that the Veteran's claimed disabilities, including obstructive sleep apnea, residuals of frostbite of the right foot, boils, migraine headaches, and depression, are not related to active service.

The Board has determined that the Veteran's claims for service connection for various symptoms, including shortness of breath, nightmares and twitching in sleep, mood swings, cold or night sweats, short term memory loss, headaches, fast heart beat, chest tightness or chest pain, joint pain and stiffness, excessive bloating and gas, burning skin and feet, loss of vision, and excessive fatigue have been denied. The effective date for the grant of service connection for irritable bowel syndrome is October 29, 2007.

The Veteran's claims for increased ratings, service connection, and total disability rating based upon individual unemployability were denied. The claim to reopen a skin rash was previously denied in December 1981 and May 1994.

The Veteran's claim for a higher initial evaluation for migraine headaches has been granted, with the rating now at 30 percent. The other claims remain pending.

The Veteran's claims for increased ratings for headaches and pseudofolliculitis barbae were denied. The issue of whether new and material evidence has been submitted to reopen a claim for service connection for athlete's foot was also addressed, with the claim being reopened. However, the Board found that there is no evidence showing that a skin condition of the hands and feet, including dyshidrotic eczema and athlete's foot, was incurred in or aggravated by military service.

The Veteran's migraine headaches are rated at 50 percent, the maximum allowed under the rating schedule. His GERD is currently rated at 10 percent and does not meet criteria for a higher rating.

The Veteran's neuralgia headaches are rated at a maximum of 50 percent, the highest possible rating under Diagnostic Code 8100.

The Board has ordered the VA to obtain the Veteran's service treatment records from his Reserve period of service (1968-1994) and attempt to provide them. The case will be remanded for further development.

The Board denied the Veteran's claims for service connection for various conditions, finding that none of the claimed disabilities were incurred or aggravated by military service.

The Veteran's service-connected migraine headaches are currently rated at 30 percent disabling, effective September 28, 2007. Prior to this date, the disability was rated as 10 percent.

The Board finds that service-connected PTSD did not cause or contribute substantially to the Veteran's death due to gunshot wounds. The examiner could not conclude without undue speculation that PTSD caused the death or materially contributed to it.

The Board denied all service connection claims, finding no evidence of a nexus between the claimed disabilities and active service.

The Veteran's appeal is being remanded for additional development, including obtaining VA outpatient treatment records and scheduling a new VA examination to assess the severity of his service-connected migraine headaches.