Migraines & headaches decisions — 2013

The Veteran's claims for service connection for headaches were previously denied on both a direct and aggravation basis. The Board is now considering whether new evidence has been received to reopen the claim.

The Board found that the Veteran's claimed conditions are not related to service and denied his claim for service connection.

The Veteran's claim for service connection for a perforated ear drum is denied as there is no evidence of such condition during his active duty or thereafter. The claims for headaches and psychiatric disability are also denied due to lack of competent medical evidence supporting the claimed conditions.

The Board finds that the Appellant's claimed disabilities, including pancreatitis-related digestive disorder, tension headaches, and neurological disability (originally claimed as tremors), were not incurred or aggravated during his period of active military service. The Board also found no evidence of chronic kidney problems/renal failure.

The Veteran seeks earlier effective dates for service connection and ratings related to his TBI, tension headaches, vertigo, and PTSD.,He also raises claims of clear and unmistakable error (CUE) in prior rating decisions.

The Board has reopened the claim for service connection for a right ankle disorder and granted service connection for tinnitus. The claims of service connection for bilateral hearing loss, right index finger disorder, left ankle disorder, headache disorder (migraines), and back disorder are denied. Service connection for hemorrhoids is not addressed in this decision.

The Veteran's headaches are rated at 50 percent effective June 17, 2013, the date of VA evaluation. This is due to very frequent completely prostrating and prolonged attacks productive of severe economic inadaptability.

The Veteran's claims for increased ratings and effective dates are being remanded due to the need for additional development of his medical records.

The Board has determined that a new examination is needed to assess the current severity of the Veteran's service-connected cluster headaches, as there is conflicting evidence regarding the nature and frequency of his symptoms.

The Board has reopened the claim of service connection for migraine headaches and granted it, finding that new evidence supports a worsening of the condition during Gulf War service. Service connection is also granted for fibromyalgia due to Gulf War service.

The Veteran's headaches are found to be related to his service-connected major depressive disorder, and the Board grants service connection for this condition.

The Board has determined that the Veteran's sleep apnea is service-connected, and he is granted a compensable rating of 20 percent for hemorrhoids. The initial ratings for his right knee and left knee disabilities are also granted at 30 percent each. For migraine headaches, an initial rating of 50 percent is granted.

The Veteran's claim for a rating greater than 30 percent for residuals of PTB was denied. The evidence did not show that the condition warranted a higher rating.,A new and material evidence claim for sinus disability has been granted, but no specific rating or service connection decision is made.

The Board found that the November 1982 rating decision contained CUE and thus service connection for headaches is granted.

The Board found that the Veteran's service-connected PTSD did not cause or contribute to his death, which was caused by an assault. The Board concluded that the Veteran's PTSD did not cause him to initiate a physical altercation resulting in his death.

The Veteran's initial evaluation for migraine headaches was granted at a 30 percent rating, but the Board found that this did not warrant an increased rating as his headaches do not meet the criteria for a higher evaluation.

The Board found that the Veteran's current headache disability is not related to his military service and denied his claim for service connection.

The Board has decided to remand the case for further development and clarification of the medical opinion regarding the relationship between the Veteran's current headaches and service.

The Veteran has been granted service connection for a migraine headache disorder, which began during his first period of active duty service in the 1970s. The Board found that all elements of the three-element test for disability compensation under 38 U.S.C.A. § 3.303(a) were met.

The Board found that the Veteran's current hearing loss, headache disability, cervical spine disorder, and visual impairment are not related to his service from September 1981 to September 1985.