Migraines & headaches decisions — 2011

The Board has denied the Veteran's claims for service connection for a lumbar spine disorder and special monthly compensation based on need for regular aid and attendance or at the housebound rate. The Veteran is not entitled to help her daughter, N.B., as a helpless child due to lack of evidence showing she was permanently incapable of self-support prior to turning 18.

The Board has determined that the Veteran's left ankle disability, tinnitus, and headaches were not incurred in or aggravated by service. The psychiatric disorder (posttraumatic stress disorder) is related to service but the claim for service connection remains pending as it was not addressed in this decision.

The Board has reopened the Veteran's previously denied claims of service connection for acquired psychiatric disorder other than PTSD, defective vision, loss of sensation to left arm, right leg disability, and chronic headaches. The evidence submitted since the previous denial is considered new and material, allowing these claims to be reconsidered.

The Veteran's appeal is being remanded for further development, including a new VA examination to evaluate the current level of impairment due to service-connected residuals of head trauma with headaches and nosebleeds. The issue of entitlement to TDIU is also inextricably intertwined with this claim.

The Board denied service connection for headaches in June 1992. The Veteran's claim of service connection for DM and an eye disorder was remanded by the Board but not fully addressed due to incomplete development.

The Veteran's cluster headaches were rated as 30 percent disabling prior to October 22, 2010, and as 50 percent disabling since that date. The Board found the evidence did not support a higher rating for any period.

The Board has determined that the Veteran's claimed headache disability and hepatitis C were not incurred or aggravated during service, and thus denied both claims.

The Board denied all issues on appeal, including service connection claims and a claim for an increased rating for the Veteran's low back disability.

The Veteran's claims for earlier effective dates for the 10% ratings assigned for right monocular hemianopsia and post-traumatic headaches are denied as there is no legal basis to grant these claims.

The Veteran's bilateral hearing loss and rashes on chest, face, and neck are not service-connected. The Veteran's headaches may be related to a head injury in service but further examination is needed. Service connection for PTSD remains pending.

The Board has granted service connection for a back disability, bilateral hip disability, and chronic headaches based on the medical evidence that these conditions are related to injuries sustained in service.

The Board found no evidence of additional disability resulting from VA care, and thus denied the claim under 38 U.S.C.A. § 1151.

The Board denied the Veteran's claims for earlier effective dates for increased ratings of her service-connected migraine headaches, chronic pelvic pain with nerve entrapment and adhesions, and right elbow. The effective date for each condition remains May 16, 2007.

The Veteran's service-connected disabilities have rendered him in need of regular aid and attendance since a year prior to the date of claim, leading to SMC at the K-1 level from July 29, 2004. After August 31, 2010, he was granted SMC at the L level based on his need for regular aid and attendance.

The Veteran's claim for an increased evaluation of his service-connected adjustment disorder, with mixed anxiety, depressed mood and headaches, is granted.

The Veteran's service-connected migraine and tension headaches are currently evaluated at 30 percent, but the Board finds no evidence to support a higher rating. The Veteran's brain cancer is not related to his service or exposure to ionizing radiation.

The Veteran's initial claim for higher ratings for migraine headaches and right shoulder impingement syndrome was denied. However, the RO granted service connection for these conditions and assigned a noncompensable rating prior to November 19, 2007, and increased the rating to 30 percent effective November 19, 2007.

The Board found that the Veteran's hysterectomy and bilateral salpingo-oophorectomy were not related to her military service, and denied both claims for service connection.

The Veteran's appeal involves multiple service-connected disabilities, including diabetes mellitus and renal insufficiency. The RO has not obtained all of the Veteran's private medical records from Dr. Clemis Jackson or his Social Security Administration (SSA) disability benefits records. These records are necessary to make a full determination on the claims.

The Veteran's chronic headache disability, specifically migraine headaches, has been granted an initial rating of 30 percent since November 2007. The evidence shows the Veteran experiences headaches four to five times per week with some being described as severe about twice per week.