Migraines & headaches decisions — 2016

The Veteran's appeal for an initial compensable rating for headaches was denied. The Board found that the Veteran's headaches, while frequent and sometimes accompanied by symptoms like photosensitivity, nausea, lightheadedness, and disequilibrium, did not meet the criteria for a higher evaluation as they were not characterized by prostrating attacks or episodes of any frequency.

The Board has determined that a rating in excess of 30 percent for migraine headaches is not warranted, and the Veteran's skin disability remains rated based on its current manifestations.

The Veteran is granted a 10 percent rating for headaches from May 2008 to October 2008 and a 50 percent rating for headaches starting from October 2008 onward.

The Veteran's right ear hearing loss was not incurred in or aggravated by service. The RO granted a disability rating of 30 percent for dizziness, effective April 2, 2012. The Veteran is already receiving the maximum rating for headaches associated with rhinosinusitis and a separate rating for rhinosinusitis.

The Veteran's migraine headaches are rated at the maximum available disability rating (50%) throughout the period on appeal, and she is also entitled to TDIU based on her service-connected migraine headaches.

The Board has remanded the case due to incomplete development and need for additional opinions on the TBI claim. The Veteran's claims of service connection for hearing loss, tinnitus, and headaches are also being considered.

The Board has granted service connection for a back disorder and migraines, but remanded the issue of hypertension due to insufficient evidence.

The Veteran's tinnitus was incurred during his active duty. The Board finds that service connection for tinnitus is warranted.

The Veteran's claim for a lumbar spine disability, as secondary to service-connected cluster migraine headaches, is being remanded due to the failure to report for a scheduled Board hearing. The case will be rescheduled for a video-conference hearing.

The Veteran's headaches are not considered to be related to a head injury sustained during combat in Vietnam, and the Board finds that there is clear and convincing evidence against service connection for his current headache disorder.

The Veteran's service-connected disabilities, including avascular necrosis of the left talus with secondary severe degenerative joint disease (DJD) of the left ankle, migraine headaches, narcolepsy, and ACL tear of the left knee with traumatic arthritis, preclude him from securing or following a substantially gainful occupation.

The Veteran's cluster headaches are found to be related to his service-connected cervical spine disorder, and he is granted service connection for this condition. His depression claim remains denied.

The Veteran's hyperlipidemia is a laboratory finding and not a disability for which service connection may be granted. The Board finds that the criteria for service connection for migraine headaches, stomach disorder, right shoulder disability, hypertension, status post right orchiectomy, mild left tendo Achilles tendinitis, capsulitis of the first and second metatarsophalangeal joint of the left foot, and bilateral hearing loss with chronic recurrent otitis media have not been met.

The Board has determined that a new TBI examination is necessary to clarify whether the Veteran has residuals of his inservice head trauma and, if so, what such residuals are. The appeal will be remanded for this purpose.

The Veteran's service connection claim for tinnitus has been granted with a 10% evaluation, and he is also entitled to separate evaluations of 10% each for his inguinal hernia and the scar from his inguinal hernia surgery. The Veteran's service connection claim for pseudofolliculitis barbae (scarring) has been granted with a 30% evaluation based on disfigurement of the face and head.

The Board has remanded the claims for further development and readjudication. The Veteran's service connection claims for sinus disorder and headaches remain denied.

The Veteran's anemia has not presented with hemoglobin readings below 10gm/100ml, and her migraine headaches have not been shown to meet the criteria for a compensable rating at any time during the appeal period.,Beginning May 21, 2015, the Veteran's migraines have been manifested by frequent completely prostrating and prolonged attacks productive of severe economic inadaptability.

The Board has determined that the Veteran does not have a current diagnosis of a headache disability and therefore, service connection for a headache disability is denied.

The Veteran's anxiety disorder as residual of anoxic brain injury and occipital neuralgia (headaches) have been rated based on their service-connected status, while his sleep apnea has a separate rating. The lower extremity hyperreflexia does not meet the criteria for a compensable evaluation.

The Veteran's service-connected disabilities do not render her unable to secure and follow a substantially gainful occupation.