Migraines & headaches decisions — 2013

The Board finds that the Veteran's current migraine headache disability began in service and has continued since service, supporting a finding of service connection.

The Board found that the Veteran's headaches did not originate during his active military service or for many years thereafter and are not related to his active service.

The Board found no evidence of a current disability related to the Veteran's claimed TBI, and concluded that his headaches are unrelated to service.

The Board denied service connection for headaches and a higher initial evaluation for right ankle disability. The effective date of the grant of service connection for right ankle disability was set at September 30, 2011.

The Veteran's claim for an increased rating for his service-connected adjustment disorder with mixed anxiety, depressed mood, and headaches has been granted. The effective date of the increased rating is April 7, 2009.

The Veteran's right knee disability, including as due to a service-connected left foot fracture, was not incurred in or aggravated by active service.,The Veteran did not experience any in-service dental trauma or bone loss resulting in missing teeth for purposes of outpatient treatment.

The Veteran's acquired psychiatric disorder, to include a depressive disorder, is found to be aggravated by his service-connected chronic renal insufficiency. The claim for residuals of a head and neck injury, to include headaches and nightmares, remains pending.

The Veteran's migraine headaches are rated at 50 percent, and his dysthymic disorder is also rated at 50 percent. The combined rating of both conditions is 80 percent, which meets the threshold requirement for a total disability rating based on individual unemployability due to service connected disabilities.

The Veteran's appeal is being remanded due to the need for a video conference hearing.

The Veteran's service-connected disabilities, prior to February 28, 2007, did not render him unemployable due to his nonservice-connected leukemia.

The Board found no evidence linking the Veteran's current right knee and head injury disabilities to his military service, including any in-service injuries. The claims for service connection were denied.

The Board found no evidence of a current headache disorder related to service and denied the Veteran's claim for service connection.

The Board finds the Veteran's current headache condition is likely secondary to his service-connected hypertension and grants service connection for headaches as secondary to hypertension.

The Board has determined that additional VA treatment records and private treatment information are needed, as well as new VA examinations for the Veteran's headaches and thoracic spine disorders. The claims will be remanded to allow these steps.

The Veteran's service-connected headaches have been rated at the maximum 50 percent under Diagnostic Code 8100, effective April 3, 2008.

The Board has remanded the case for additional development due to inadequate opinions from previous VA examinations.

The Veteran's service-connected disabilities do not render him unable to secure or follow a substantially gainful occupation, and the criteria for a TDIU have not been met.

The Board has determined that new and material evidence has been submitted to reopen the claim of service connection for headaches. The Veteran's contentions have been consistent throughout, supported by her treating physician and various laypersons who are competent to report readily-observable facts. As a result, the claim will be granted on this basis.

The Board has reopened the claim of service connection for a skin rash and remanded it for further development. The Veteran's claims for other conditions are also remanded.

The Board has determined that the effective date for the grant of service connection for headaches should be January 16, 2001. The Veteran's claim was pending from his informal claim in January 2001 until the May 2011 rating decision.