Migraines & headaches decisions — 2013

The Board found no evidence of current diagnoses of meningitis or its residuals, and thus denied the Veteran's claim for service connection.

The Veteran's death was not service-connected, and he did not have a permanent total service-connected disability during his lifetime. Therefore, the appellant is not eligible for Dependents' Educational Assistance (DEA) benefits under Chapter 35.

The Board has determined that service connection is not warranted for headaches and left knee disability due to lack of evidence linking these conditions to service.

The Veteran's claim for TDIU prior to November 22, 2010 is being remanded due to the need to obtain SSA records and an adequate medical opinion regarding his employability with regard to service-connected disabilities.

The Veteran's claims for service connection for migraine headaches and an acquired psychiatric disability (including PTSD, depression, anxiety, and a sleep disorder) are denied as there is no evidence of such conditions during his period of creditable active military service or otherwise related to such service.

The Board has determined that it is as likely as not that the Veteran's schizophrenia had its onset during his military service, and therefore grants service connection for schizophrenia.

The Board has remanded the claims for further development due to inadequate VA examinations and incomplete evidence. The Veteran's tinnitus claim requires a new examination, as does his headache disability claim.

The Veteran's claims for increased ratings and service connection have been denied. The left leg varicose veins are currently rated as 20 percent disabling, effective June 13, 2008.,Claims to reopen for mitral valve prolapse, headaches, generalized joint pain, right leg varicose veins, bipolar disorder, PTSD and an acquired psychiatric disorder other than bipolar disorder and PTSD have been denied due to lack of new and material evidence.

The Veteran's claim of entitlement to service connection for metatarsalgia, bilateral feet (previously claimed as muscle pain) is dismissed due to the benefit already being in effect. The issues of entitlement to service connection for a lumbosacral spine disability, an acquired psychiatric disorder, headaches, and sleep apnea are addressed in the REMAND portion of this decision.

The Board has granted the Veteran's claim for a TDIU rating, finding that her service-connected disabilities prevent her from securing or following substantially gainful employment.

The Board found that the Veteran does not meet criteria for service connection for PTSD, and his claimed low back disorder is best characterized as primary insomnia. The Veteran's other claims of service connection were denied due to lack of a diagnosed condition within one year post-service.

The Veteran's claim for an earlier effective date for TDIU was denied as there is no evidence that he was unable to obtain and maintain substantially gainful employment due to his service-connected disabilities prior to May 22, 2006.

The Veteran's migraine headaches have been rated at 30 percent since August 11, 2011. The Board finds that the evidence does not support a higher rating for any period.

The Veteran's service-connected disabilities alone were not of such severity as to preclude him from obtaining or maintaining any gainful employment between January 7, 2010 and March 4, 2011.

The Veteran's service-connected gastrointestinal disorder (status post-cholecystectomy with dumping syndrome, gastroparesis and GERD) is currently rated at 10 percent. The other conditions have not been granted increased ratings.

The Board finds that the Veteran does not have a current hearing loss disability for VA purposes and thus, service connection is denied. For his migraine disability claim, the evidence shows no in-service or post-service diagnosis of migraines, and there is insufficient medical nexus to support a finding of service connection.

The Board has denied service connection for visual changes, left ear hearing loss, tinnitus, headaches, fatigue, sinus disorder, gastroenteritis, back disability, left knee disability, right knee disability, left shin splints, right shin splints, left heel spurs, right heel spurs, left flat foot, and right flat foot. The Board found that these conditions were not incurred or aggravated by service.

The Board has determined that additional evidentiary development is necessary prior to the adjudication of the Veteran's claims for service connection due to his incarceration and lack of access to VA facilities.

The Board has jurisdiction over the propriety of a compensable rating for residuals of fracture, left cheekbone, left malar. The Veteran's facial nerve damage, trigeminal nerve, is rated 10 percent since February 27, 2008.

The Veteran's migraine headaches were rated at 30 percent effective February 28, 2011. The Veteran's irritable bowel syndrome was rated at 10 percent.