Migraines & headaches decisions — 2013

The Veteran's severe back pain with numbness and weakness in his lower extremities, which was aggravating his service-connected PTSD, met the criteria for emergency treatment not previously authorized. The medical expenses incurred at a private chiropractic center were reimbursable as they were necessary due to an emergent condition that would have been hazardous if delayed.

The Board has determined that the Veteran does not have a diagnosed respiratory disorder, bilateral shoulder arthritis, fatigue syndrome, tension headaches, or sleep apnea. Therefore, service connection for these conditions is denied.

The Veteran's migraine headaches are currently rated at 30 percent since August 27, 2010. The Board found that the evidence did not show very frequent completely prostrating and prolonged attacks productive of severe economic inadaptability.

The Board found that the evidence does not demonstrate current diagnoses for depression, seizures, migraine headaches, inguinal hernia scar, or schizotypal personality disorder.

The Veteran's claims for service connection are being remanded due to the need for additional development, including obtaining SSA records and scheduling VA examinations.

The Veteran's service-connected migraine headaches have been rated at a 30 percent disability level, effective from the date of his military discharge in November 2009.

The Veteran's claim for service connection for a headache disability was denied in March 2004 and again in May 2006. New evidence received since the May 2006 decision does not raise a reasonable possibility of substantiating the claim.,The Veteran's claim for service connection for joint pain disability was denied in March 2004 and again in May 2006. New evidence received since the May 2006 decision raises a reasonable possibility of substantiating the claim.,The Veteran's claim for service connection for PTSD was denied in September 2004. New and material evidence has been received, raising a reasonable possibility of substantiating the claim.

The Veteran's appeal has been withdrawn by his authorized representative, and the Board is dismissing both issues on appeal.

The Board has determined that the Veteran does not have migraines or PTSD that are attributable to military service.

The Veteran's claimed residuals of a head injury, including organic brain disease, traumatic brain injury, seizures, headaches, and loss of taste, are not shown to be due to an event or incident in service. The Board finds that the evidence does not support service connection for these conditions.

The Veteran's appeal is remanded for a VA examination to address the medical matters presented by his claim of service connection for sleep apnea, including whether it is at least as likely as not that his sleep apnea was caused or aggravated by his service-connected sinusitis or rhinitis.

The Veteran's TBI, PTSD, bilateral hearing loss, and post traumatic headaches are all rated at their maximum levels. The Veteran is granted a higher initial evaluation for his PTSD from July 29, 2010 to December 14, 2011, and since December 15, 2011. He is also granted TDIU.

The Veteran's claim for an earlier effective date for a 30 percent evaluation for ocular migraine headaches is denied as there is no evidence of increased disability within the one-year period prior to his July 19, 2007 claim.

The Board has determined that the Veteran's cervical spine arthritis and headaches are not service-connected, as there is no evidence of a nexus between these conditions and his military service.

The Veteran's appeal is remanded for a new VA examination to assess the current severity of his service-connected disabilities and whether they render him unable to obtain or retain substantially gainful employment.

The Board has determined that the Veteran does not have any residuals of a head injury or a refractive error disorder for which he is entitled to service connection.

The Veteran's migraine headaches are currently rated as 50 percent disabling, the maximum schedular rating available under Diagnostic Code 8100. The current evaluation adequately reflects the severity and symptoms of her service-connected disability.,The Veteran's stress fractures of the bilateral lower extremities are currently evaluated at 10 percent each, with no higher ratings possible under Diagnostic Code 5262.

The Veteran's death was not service-connected, as he had been receiving a total disability rating based on individual unemployability for over ten years prior to his death.

The Board has reopened the claims for service connection for residuals of a right shoulder injury, joint pain, and migraine headaches. The Veteran's claim for chronic obstructive pulmonary disease was denied due to lack of evidence linking it to service.

The Board has found that the Veteran does not currently have residuals of a head injury manifested by headaches and dizziness, which are related to his active service.