Migraines & headaches decisions — 2016

The Board has ordered the case REMANDED to the AOJ for issuance of a supplemental statement of the case addressing all issues currently on appeal, including consideration of additional evidence added to the record since the August 2012 statement of the case.

The Board found that the Veteran's headaches did not have their onset during service or within one year of discharge, and thus could not be considered as having been incurred in service. The examiner opined that the Veteran's current headaches were not related to his head injury sustained during service. For erectile dysfunction, there was no evidence linking it to service.

The Veteran's service-connected disabilities, including PTSD, thoracolumbar strain, radiculopathy, and migraine headaches, have rendered him unable to secure or follow a substantially gainful occupation. The Board has determined that the criteria for a TDIU are met.

The Board granted a 30 percent rating for the Veteran's service-connected headaches, effective from February 6, 2015. The earlier effective date claim for TDIU prior to June 1, 2013 was also granted.

The Board found that the Veteran does not have a current headache disability other than his service-connected postsurgical headaches, and thus denied his claim for service connection for migraine headaches.

The Board found that the Veteran does not have current headache, left leg/knee, or left shoulder disabilities that are related to his military service. The VA examiners concluded that these conditions are more likely due to natural aging processes and other non-service-related factors.

The Board denied service connection for headaches, finding that there was no evidence of a current disability and no nexus to service or any service-connected condition.,Service connection for COPD as secondary to sleep apnea was also denied. The examiner found the Veteran's COPD not related to his service-connected sleep apnea.

The Veteran's migraine headaches are productive of very frequent completely prostrating and prolonged attacks, which have resulted in severe economic inadaptability. The Board has granted a 50% disability rating for this condition.

The Board has remanded the case for further development and adjudication due to concerns raised by the Court regarding the adequacy of a June 2014 VA examination.

The Veteran's service-connected simple phobia, residuals of TBI, and migraine headaches have been rated appropriately based on the severity of her symptoms.

The Veteran's appeal for a TDIU rating has been withdrawn. The Board is remanding the claim of entitlement to a compensable rating for headaches due to the need for additional development, including obtaining VA and private treatment records.

The Veteran's claims for increased evaluations and service connection have been denied. The Board found no evidence to support the claimed conditions or their relationship to service.

The Veteran's claims for higher initial ratings for her service-connected right knee degenerative joint disease, lumbosacral spine disability, and headaches are being remanded due to the need for additional examinations to assess the current severity of these conditions.

The Veteran's tension headaches have been rated as noncompensably disabling prior to November 25, 2014 and 30 percent thereafter. The Board finds that the current rating of 30 percent is appropriate for the period beginning on November 25, 2014.

The Veteran's headaches were not incurred or aggravated in service, and are not caused or aggravated by his service-connected PTSD, OSA, or TBI.

The Veteran's tension headaches are rated at the maximum 50 percent under Diagnostic Code 8100, which corresponds to very frequent completely prostrating and prolonged attacks productive of severe economic inadaptability.

The Veteran's claims for increased evaluations for tension headaches and a right hip strain have been denied as there is no evidence of characteristic prostrating attacks or severe economic inadaptability, which are required for higher ratings under the applicable rating criteria.

The Board has remanded the Veteran's claims due to a lack of recent treatment records and an outdated examination. The Veteran is also required to complete an appeal with respect to his tinnitus rating.

The Veteran's TBI residuals, other than symptoms due to his headaches, demonstrate impairment that does not exceed a Level 1 facet score. Prior to January 14, 2015, the Veteran's headaches were not shown to meet or nearly approximate characteristic prostrating attacks occurring on an average of once a month over the last several months. For the period from January 14, 2015, the Veteran's headaches have not been shown to meet or nearly approximate very frequent completely prostrating and prolonged attacks productive of severe economic inadaptability.

The Veteran's claims for service connection for a headache disorder, right ankle disorder, and right knee disorder have been reopened. However, the Board finds that these conditions were not incurred during his period of active service.