Migraines & headaches decisions — 2014

The Veteran's migraines are currently evaluated as 50 percent disabling, rhabdomyolysis as 40 percent disabling, and the back disability as 20 percent disabling from August 1, 2008, and 20 percent disabling from June 18, 2013. The Veteran's appeal is granted for these evaluations.

The Veteran's appeal is being remanded due to the need for a hearing before the Board of Veterans' Appeals.

The Board has determined that new and material evidence has not been received to reopen the claims for service connection for migraine headaches, a back disorder, and PTSD. The RO previously denied these claims in March 2004 due to lack of established diagnoses during qualifying periods of service.

The Veteran's appeal is being remanded for additional development of his claims, including obtaining VA and private treatment records, Social Security Administration records, and opinions from the May 2012 VA examiners regarding service connection for DM and peripheral neuropathy.

The Veteran's service-connected disabilities, including PTSD and panic disorder without agoraphobia, bicipital tendinitis of the bilateral shoulder, chondromalacia patella of the bilateral knee, sinusitis, hypertension, tension headaches, pes planus, and hiatal hernia with gastroesophageal reflux disease, render him unemployable for the period since March 25, 2011.

The Veteran's migraine and tension headaches are rated at a maximum of 50 percent since March 14, 2008. Prior to that date, the rating was 30 percent.

The Veteran's coronary artery disease is currently rated at 60 percent, and the Board finds that this rating adequately reflects his disability. The evidence does not support a higher evaluation.

The Board has reopened the Veteran's claims for service connection for gastroenteritis, headaches, and a left foot disability. However, new evidence does not establish that these conditions are related to military service.

The Board denied the Veteran's claims for service connection for various conditions, including hallux valgus of both feet, diabetes mellitus type 2, headaches, reactive airway disease, and sleep apnea. The Board found that new evidence did not raise a reasonable possibility of substantiating these claims, and that the Veteran's conditions were not related to his active service or any service-connected disabilities.

The Veteran's service connection claim for headaches is granted as the evidence shows that his headaches originated during his period of active service.

The Veteran's traumatic brain injury and obstructive sleep apnea are found to be service-connected. The PTSD is assigned a 50% disability rating, the left knee and right knee conditions are each rated at 10%, the shoulder strains are not service-connected, the wrist condition does not meet criteria for a higher rating, the spine strain is rated at 10%, the ankle strains do not warrant a higher rating, the hiatal hernia with GERD is rated at 10%, and the headaches are assigned a 30% disability rating. The Veteran's hypertension, DVT, restless leg syndrome, IBS, erectile dysfunction, and hypertensive cardiovascular disease are each rated at 10%.

The Board has determined that a remand is necessary to obtain updated evaluations of the Veteran's service-connected disabilities and determine if he qualifies for vocational rehabilitation benefits. The case will be returned to the Board after these actions are completed.

The Veteran's service-connected disabilities have rendered him unable to secure or follow a substantially gainful occupation, and the Board has granted entitlement to TDIU.

The Board has granted service connection for cervical spine degenerative disc and joint disease, headaches (claimed as loss of consciousness), but denied service connection for a left elbow disorder. The lumbar spine disorder is currently under consideration in the REMAND portion.

The Board found that the Veteran's claimed conditions, including headaches, esophageal disorders, and neck pain, did not begin during military service or are related to a disease or injury in service. Therefore, service connection for these conditions was denied.

The Veteran's cluster headaches have been granted a 10 percent initial evaluation, effective as of the date of the July 2013 rating decision. The back disability and right ankle surgery with strain issues are both granted.

The Veteran's claims for increased disability ratings for migraine headaches and chronic lumbar strain with intermittent right leg paresthesias, as well as his claim for a TDIU, are being remanded due to the need for additional development of evidence.

The Veteran's service-connected atypical migraines, combined with his cervical and thoracic spine disabilities, do not render him unemployable for substantially gainful employment.

The Board denied the Veteran's claims for service connection for BPH, ED, a headache disability, and a bilateral hand disability due to lack of evidence linking these conditions to his in-service herbicide exposure. The VA examiners found no direct link between the disabilities and service.

The Board found that the Veteran's current cervical spine disorder is not related to his period of service and denied his claim for service connection.