Migraines & headaches decisions — 2015

The Veteran's headaches are rated at 50 percent, the highest possible rating under VA guidelines.,The Veteran is also granted TDIU based on his service-connected disabilities.

The Veteran's irritable bowel syndrome, vascular headaches, stress and nervous condition (psychiatric disorder), and gastroesophageal reflux disease are all granted service connection on a presumptive basis due to exposure in the Persian Gulf War.

The Board found no evidence of a current disability related to the claimed conditions and denied service connection for traumatic brain injury, right ear hearing loss, and tinnitus.

The Veteran withdrew her appeal for increased ratings and service connection claims.

The Board has reopened the claims for service connection for a psychiatric disability and right ankle disability, finding new and material evidence. The claims are now pending on their merits.

The Veteran's bilateral hearing loss is rated at zero percent, and his vascular headaches are currently rated at ten percent. The Board finds that neither condition warrants a higher rating.

The Board denied service connection for migraine headaches in September 1997. The Veteran filed a request to reopen the claim in October 2004, but withdrew his appeal in April 2009. He later submitted a new claim to reopen the claim on September 15, 2009, and service connection was granted with an effective date of September 15, 2009.

The Board has remanded the case for additional development to determine if the Veteran's skin disorder and headaches are related to in-service chemical exposure, including hydrazine. The cervical spine arthritis claim is also intertwined with these issues.

The Veteran's agent and representative was denied payment of $18,722.28 in fees for the award of service connection and past-due benefits in an April 2012 rating decision.

The Board denied service connection for various conditions, including headaches, sinus or allergic disorder, thyroid disorder, back disorder, upper-gastrointestinal (GI) disorder, and dermatologic disorder of the feet. The decision did not find a nexus between these conditions and service.

The Veteran's headaches, including migraines, and a respiratory disorder (chronic vasomotor rhinitis) are found to have had their onset in service and thus service connection is granted for these conditions.

The Board has determined that the Veteran's migraine headaches meet the criteria for a 30 percent rating since May 1, 2008. The Veteran was previously granted service connection for this condition and is now seeking an initial compensable rating.

The Veteran's service-connected coronary artery disease with hypertensive heart disease, hypertension, and migraine headaches are rated at 30 percent for the former issue and 10 percent for the latter two issues. The Board found that the criteria for a higher rating were not met or nearly approximated in all cases.

The Veteran's claim for service connection for refractive error, claimed as a vision disorder, is denied. The Board finds that there is no current evidence of an acquired eye disorder and the law prohibits service connection for refractory errors of the eyes unless such defect was subjected to a superimposed disease or injury.

The Board has remanded the case due to the need for additional development, including obtaining SSA and OPM records, and scheduling a VA examination for the right shoulder disorder.

The Board found that the Veteran's current headaches are not related to his service and denied his claim for service connection.

The Board found that the appellant's migraine headaches were not shown to be chronic during service and did not have continuous symptoms since service. The Board also found that her gastritis was not productive of a disability picture exhibiting other related factors such as those provided by the regulation as 'governing norms'.,As a result, the claims for service connection for migraine headaches and an initial compensable rating for gastritis were both denied.

The Veteran's claim for restoration of the 40 percent rating assigned his low back disability from December 22, 2011 is denied as there was improvement in his service-connected condition.,The Veteran's claim for an increased rating for migraine headaches disorder is denied as the evidence does not meet the criteria for a 50% rating.

The Board has determined that the Veteran's current right ankle disability was not incurred in active duty service and is therefore denied.

The case is being remanded for further development to determine the etiology of the Veteran's claimed disabilities and to obtain any outstanding records.