Migraines & headaches decisions — 2013

The Veteran's sleep apnea was not incurred in or aggravated by service, and it may not be presumed to have been incurred during service.,As the Veteran's claimed sleep degradation/deprivation/insomnia is already rated under his service-connected psychiatric disability, the appeal for service connection for this complaint is dismissed.,The criteria for an initial disability rating of 30 percent, but no more, for an acquired psychiatric disorder have been met throughout the appeal period.,The Veteran's right knee disability has not been productive of flexion less than 45 degrees, extension greater than zero, or lateral instability or subluxations; but it has been productive of less than full flexion and pain on motion throughout the appeal.,The criteria for an initial disability rating higher than 10 percent for migraine headaches have not been met at any time during the appeal period.,There being no justiciable case or controversy, the appeal for an initial disability rating higher than 50 percent for sinusitis beginning November 17, 2011, is dismissed.,There being no justiciable case or controversy, the appeal for an initial disability rating higher than 10 percent for allergic rhinitis beginning November 17, 2011, is dismissed.,The criteria for a rating of 50 percent for sinusitis from May 2, 2007, to November 17, 2011, are met; and the criteria for a rating of 10 percent, but no more, for allergic rhinitis from May 2, 2007, to November 17, 2011, are met.

The Veteran's TDIU claim is being remanded for further development, including a VA examination to reassess the severity and permanence of her service-connected disabilities.

The Veteran's claim for a TDIU is moot as he has been granted a 100% schedular rating and special monthly compensation under 38 U.S.C.A. § 1114(s). The appeal of the psychiatric disorder claims is also dismissed as they are encompassed within his now service-connected psychiatric disorder.

The Board has granted service connection for a headache disorder and right shoulder rotator cuff syndrome, finding that the Veteran's current conditions are consistent with his military service. The appeal is therefore granted as to these issues.

The Veteran's claim for service connection for head injury residuals, including scar residuals, headaches, and TBI residuals is granted.

The Veteran's appeal is being remanded for additional development, including a VA examination to determine if his service-connected disabilities render him unemployable. The case will be returned to the Board for further consideration.

The Veteran's claims for PTSD, headaches, low back disability, neck disability, and bilateral knee disabilities have been reopened. The evidence now supports a finding of service connection for these conditions.

The Veteran's appeal is being remanded for additional development of her claims, including obtaining relevant medical records and providing supplemental opinions regarding the etiology of her knee and stomach disorders.

The Board has determined that the effective dates for the grants of service connection and special monthly compensation are November 13, 2006, based on the date of receipt of the initial claims.

The Veteran's service-connected disabilities did not render her unemployable prior to December 30, 2003. The Board found that the effective date for TDIU should be set at December 30, 2003, and denied special monthly compensation based on need for aid and attendance or being housebound.

The Board has granted service connection for headaches and a cervical spine disability, both secondary to the Veteran's right upper trapezius muscle spasm. The effective date of this award is April 3, 2009.

The Veteran's claims for service connection for sinusitis and headaches were denied as he failed to report for the required VA examinations.

The Board has determined that the Veteran's claimed chronic headaches and GI/esophageal disorders are not service-connected, as they are either not related to his period of active service or are not proximately due to or aggravated by his service-connected rheumatoid arthritis.

The Board found that the Veteran's current headache disorder did not have its onset in service and is not related to his military service.

The Board has determined that the Veteran's thoracic outlet syndrome does not meet the criteria for a separate compensable evaluation as it does not demonstrate demonstrable neurological impairment or other compensable impairment.

The Board denied the Veteran's claims for service connection for chronic cervicogenic headaches and residuals of a traumatic brain injury (TBI). The VA examiner found no objective signs of a TBI on an MRI, and there was insufficient evidence to support any residuals from the in-service fall.,There is no credible evidence linking the Veteran's current conditions to his military service.

The Veteran is granted service connection for headaches, finding that the current residuals of a concussion injury are at least as likely as not related to active duty service. The Veteran's claim for balance problems and nausea remains denied.

The Veteran's migraine headaches are found to be service-connected due to their onset within one year of his active duty. However, there is no evidence of a current disability for dizziness, fainting, and lack of coordination.

The Veteran's service connection claims for bilateral hearing loss, tinnitus, chronic headaches, right knee condition, peripheral neuropathy of the lower extremities, and lumbar disc disease with left radiculopathy are granted. The Veteran is also awarded a non-compensable rating for his eczema prior to February 25, 2013, and a compensable rating thereafter.

The Veteran's appeal for a higher disability evaluation for migraines was denied, and the recoupment of his separation pay from VA compensation benefits was upheld.