Migraines & headaches decisions — 2016

The Veteran's appeal is remanded due to the lack of a Statement of the Case for the issue of payment of CRSC/CRDP. The case must be returned to the Board only if the Veteran perfects his appeal.

The Veteran has withdrawn his appeals regarding the increased rating for TBI and the application to reopen service connection for neuropathy of the right upper extremity. As a result, these claims are dismissed.

The Veteran's appeal is being remanded due to the need for additional development, including obtaining service treatment records and relevant post-service medical records. The Veteran will be scheduled for VA examinations to assess the severity of his migraine headaches, cervical spine condition, GERD, gastritis, and residuals of cholecystectomy.

The Veteran's claim for service connection for migraine headaches, to include as secondary to her service-connected PTSD, is being remanded due to the need for a new medical opinion and additional development of records.

The Board finds that the Veteran's low back disability was noted upon entry into service and is not shown to be aggravated by his service. The claims for headaches, nausea, dizziness, hearing loss, and tinnitus are remanded as they may be related to a single medical condition.

The case is being remanded to the Agency of Original Jurisdiction (AOJ) for further examination and opinion regarding whether the Veteran's service-connected disabilities affect her ability to work, either individually or in aggregate. The AOJ will then re-adjudicate the TDIU claim.

The Veteran's claim for an increased rating for residuals of right orbital floor with right eye inflammation, pain, and headaches is being remanded due to the need for additional development including obtaining Goldmann Perimeter Charts from previous examinations.

The Veteran's appeal is remanded for additional development, including obtaining VA and private medical records, updating employment information, and scheduling a VA examination to assess his ability to secure or follow a substantially gainful occupation due to service-connected disabilities.

The Veteran's headaches were not incurred in or aggravated by service and are not secondary to a service-connected disability. The Veteran's PTSD with depression and cannabis abuse is currently rated at 50 percent, but the Board finds that an evaluation in excess of 50 percent is warranted.

The Veteran is granted service connection for undifferentiated somatoform disorder with a rating of 70 percent, effective July 11, 2014. The Board also finds that the Veteran's headache disability and TBI are separately service-connected.

The Veteran's migraine headaches have been rated at 30 percent since August 8, 2012. The Board finds that the current rating of 30 percent is appropriate as the symptoms do not meet the criteria for a higher evaluation.

The Veteran's TBI residuals, including headaches, have been rated at 30 percent since September 17, 2014. The Veteran is not entitled to a higher rating for the period from March 27, 2009 to September 16, 2014.

The Veteran's headaches were rated by analogy to migraine headaches prior to February 16, 2016. From that date, the rating was increased to 30 percent but no higher due to lack of very frequent and prolonged attacks productive of severe economic inadaptability.

The Board has remanded the case for further development due to incomplete examination and reliance on objective medical evidence without considering the Veteran's lay statements regarding symptoms during service and after service.

The Board has granted a 30 percent disability rating for the Veteran's service-connected migraine headaches and sinusitis, effective from the date of the decision.

The Veteran's appeal is denied as his PTSD and allergic rhinitis do not meet the criteria for a higher disability rating under the applicable VA rating schedule.

The Board has determined that the Veteran's current eye disabilities are not related to his active service and therefore denied service connection for bilateral eye disability.

The Veteran's claim for a separate compensable rating for his headache disorder is granted, as he has symptoms of characteristic prostrating attacks occurring on average once a month over the last several months.

The Veteran's claim for an earlier effective date of TDIU is granted, as the evidence shows he was unable to secure or follow a substantially gainful occupation due to his service-connected disabilities since March 27, 2006.

The Veteran's service-connected disabilities (migraines, bilateral pes planus, and tinnitus) did not meet the schedular percentage criteria for TDIU prior to September 14, 2001. The combined rating of 60% was from different conditions with no common etiology or accident.