Migraines & headaches decisions — 2015

The Veteran's left shoulder disability has been rated at 20 percent since February 1, 2009. The Board finds that a higher rating is not warranted prior to December 9, 2008, and grants a 30 percent rating from February 1, 2009, forward.

The Veteran's TBI residuals have not resulted in Level 3 impairment or greater in any of the 10 facets of cognitive impairment and other residuals of TBI listed, thus his claim for an increased evaluation is denied.

The Board has determined that the Veteran's headache disorder was not incurred in or aggravated by active service and denied his claim.

The Board has remanded the Veteran's claims for additional development due to outstanding VA medical records and a need for an examination.

The Veteran's service connection claims for bilateral hearing loss, PTSD, TBI residuals, migraines, vertigo, cervical disorder, and shoulder disorders have been granted. However, the claim for an initial rating in excess of 70 percent for PTSD remains denied.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and VA medical records. The issues of service connection for various conditions are to be reconsidered.

The Veteran's appeal includes multiple issues related to his knee and foot conditions, as well as asthma. The Board has remanded these matters for further action.

The Veteran's right knee disability is currently denied, but service connection for asthma has been granted. The left knee disability remains at a noncompensable rating and the scars of both feet are rated as 10 percent each.

The Board has granted the Veteran's claim for service connection for a disability manifested by chronic fatigue, unrefreshing sleep, significant impairment of concentration, muscle pain, joint pain, headaches, and uveitis. The appeal is dismissed without prejudice regarding the issue of entitlement to service connection for headaches.

The Veteran's claims for effective dates prior to December 27, 2012 for service connection of scars and facial neuropathy are granted. The initial disability ratings assigned remain unchanged.

The Board has granted service connection for tinnitus and migraine headaches, both found to be related to the Veteran's service-connected bilateral hearing loss. The effective date of non-hodgkins lymphoma/mycosis fungoids remains at March 20, 2012, as requested by the Veteran in his notice of disagreement. The TDIU claim is remanded for further development.

The appeal has been withdrawn by the appellant before a decision was made.

The Veteran's TBI is rated at 70 percent disabling for the entire appeal period, and he meets the criteria for a total disability rating based on individual unemployability.

The Board has granted service connection for a headache disorder, finding that the Veteran's headaches had their onset in service. The issues of an increased rating for PTSD and left Achilles tendonitis, as well as TDIU, are remanded.

The Veteran's appeal is being remanded for further development and readjudication, including obtaining additional VA treatment records and providing the Veteran with appropriate medical opinions regarding his service-connected conditions.

The Board has remanded the cases for additional development and to obtain an addendum opinion regarding the Veteran's headaches. The issues of service connection for residuals of a back injury and total left hip replacement for osteoarthritis are also being remanded.

The Board found no evidence of a chronic headache condition during service and denied the Veteran's claims for service connection for headaches. The sinus disorder claim was not addressed as it is unclear if this appeal was about service connection at all.

The Board has determined that the Veteran's claim for a compensable rating for migraine headaches was received on August 25, 2009. It is at least as likely as not that an increase in the severity of the Veteran's migraine headaches was factually ascertainable on January 27, 2009, which is within the one-year period prior to the August 25, 2009 rating decision.

The Board has granted a grant of service connection for a right ankle disability on a secondary basis, increased the Veteran's migraine rating to 50 percent from April 20, 2009, and awarded TDIU based on his combined disability ratings.

The Board finds that the preponderance of the evidence is against the claims for service connection for residuals of a partial abdominal hysterectomy, hypertension, and migraines. The Veteran's claimed conditions are not shown to be related to her military service.