Migraines & headaches decisions — 2015

The Veteran's employment is not considered marginal or in a protected environment, and his service-connected disabilities do not prevent him from securing or following a substantially gainful occupation.

The Veteran's claim for service connection for sleep apnea was denied as there is no competent evidence linking the condition to his military service. The Board found that the Veteran did not have a current disability of sleep apnea in service or for many years thereafter.

The Board has restored a 30 percent rating for service-connected migraine headaches from June 1, 2010. The evidence did not show improvement in the Veteran's ability to function under ordinary conditions of life and work as a result of his service-connected condition.

The Veteran's claims for service connection and initial ratings for cervical spine degenerative changes and headaches have been granted, but the disabilities are not rated higher than noncompensable.

The Veteran's migraine headaches are rated at 50 percent, effective March 29, 2010. The Board found that the Veteran experienced very frequent prostrating attacks of migraine headache pain and granted a 50% rating.

The Veteran's claim for service connection is being remanded due to the need for additional development, including a VA examination and review of relevant medical records.

The Board has denied the Veteran's claims of service connection for a left lateral thigh condition and tension headaches, finding that there is no evidence to support these conditions were incurred or aggravated by military service.

The Board found no evidence of current diagnoses for the claimed respiratory disorder, thyroid disorder, sinus disorder, headache disorder, or tremor disorder. The Veteran's back disability was rated based on its limitation of motion.

The Board denied the Veteran's claims for service connection for low back disability, right leg disability, left hip disability, and headaches as secondary to her service-connected left knee disability. The claim for a rating in excess of 30 percent for left knee disability rated under DC 5257 was also denied as a matter of law.

The Veteran's service-connected vascular headache disability has never resulted in functional impairment sufficient to preclude him from obtaining or maintaining substantially gainful employment.

The Board has determined that the Veteran's degenerative joint disease at C5-6 level and his headaches, which are partly due to cervical spine degeneration, were incurred during service. Service connection is granted for these conditions.

The Veteran's Tension Headaches are rated at 10 percent prior to January 5, 2012 and 50 percent thereafter. The cervical spine disability is rated at 20 percent from September 11, 2005 to December 22, 2011; 70 percent effective January 5, 2012; and 80 percent effective April 28, 2015. The Veteran's right upper extremity radiculopathy associated with his cervical spine disability is rated at 40 percent from September 11, 2005 to December 22, 2011; 70 percent effective January 5, 2012; and 80 percent effective April 28, 2015. The Veteran's TDIU claim is granted.,The Veteran has been rated at 30 percent from March 7, 2001 to September 10, 2005; 40 percent from September 11, 2005 to December 22, 2011; and 80 percent effective January 5, 2012.

The Veteran's TBI residuals, including migraine headaches and personality disorder, are rated at 30 percent since January 24, 2013.

The Veteran's appeals for service connection have been withdrawn.

The Veteran's PTSD was granted service connection and rated at 30 percent effective April 24, 2012. The other issues were either denied or not claimed.

The Board has denied the Veteran's claims for service connection for a digestive disorder, an acquired psychiatric disorder, and headaches.

The Board found that the Veteran's claimed migraine disorder did not begin in service and is not related to any inservice disease, injury or event. The preponderance of evidence does not support a finding that the Veteran has a current disability related to his military service.

The Board has withdrawn the Veteran's appeals for shingles, eye burns, and broken teeth. The respiratory disorder claim is denied as there is no competent evidence of a current diagnosis. The headache disorder claim is reopened due to new evidence but remains denied.

The Board has determined that the Veteran's bilateral hearing loss and tinnitus are service-connected due to noise exposure in service. However, his migraine headaches pre-existed service and were not aggravated by service.

The Veteran's migraines are rated at a 30 percent evaluation, which is the highest schedular rating available for this condition. The Board found that her headaches meet the criteria for a 30 percent rating under Diagnostic Code 8100 due to their characteristic prostrating attacks occurring on an average of once a month over several months.