Migraines & headaches decisions — 2016

The Board has remanded the case for further examination and consideration of new evidence submitted by the Veteran, including treatment records documenting his headaches.

The Veteran's service-connected tension headaches are rated at a noncompensable rating, but the Board has granted an increased rating to 30 percent. The Veteran is also granted TDIU based on his service-connected disabilities.

The Veteran's migraine headaches are rated at the maximum allowable under VA regulations, resulting in a 50% disability rating.

The Veteran's service-connected disabilities result in an impairment of his ability to retain employment consistent with his abilities, aptitudes, and interests. The evidence shows that a MBA degree is necessary for the Veteran to remain employed at his current position.

The Veteran's appeal is being remanded for a hearing and to issue a Statement of the Case regarding his claims.

The Board has reopened the Veteran's claims for service connection for a sleep disorder, headaches, memory loss and residuals of head injury as secondary to his service-connected disabilities. Service connection is granted.

The Veteran's migraine headaches are related to his military service and the Board has granted service connection for this condition.

The Veteran's service-connected traumatic brain injury residuals, including migraines and major depressive disorder, are rated at the highest possible levels. The initial 70 percent rating for TBI residuals is granted from May 20, 2013.

The Veteran's claim for a rating in excess of 10 percent for post-concussion type syndrome has been denied as the condition does not meet criteria for higher ratings based on subjective complaints alone. The Veteran is already assigned a separate rating for his headaches.

The Veteran's chronic migraines have been rated at a 30 percent disability rating since September 13, 2007. The Board finds that the Veteran experiences more than one migraine attack per month and grants this increased rating.

The Veteran's left ankle disorder, chronic cervical spine disorder, and migraine headaches were all granted with specific disability ratings.

The Veteran's posttraumatic headaches were rated at the maximum allowable under Diagnostic Code 8100, which is applicable for migraines. The Board found that his headaches are not associated with multi-infarct dementia and thus cannot be rated higher.

The Board has determined that a new VA examination is needed for the Veteran's headaches and back disability claims due to insufficient evidence in the record. The Veteran will be scheduled for an examination to determine the nature and etiology of his current headaches, as well as whether they are related to service. An addendum opinion from the December 2012 VA examiner will also be requested.

The Veteran's appeal is being remanded for a video conference hearing on his service connection claims and TDIU rating. The issues include sleep disorder, migraine headaches, and mood disorder.

The Board has determined that the appellant's claim for attorney fees from past-due benefits is moot due to his award of attorney fees in July 2015, as there is no justiciable case or controversy.

The Board has remanded the case to the AOJ for further development, including obtaining the Veteran's service medical records and determining whether there is new and material evidence that could support a reopening of his claim. The effective date for the grant of service connection for migraine headaches will be determined based on the legal authorities governing effective dates for disability compensation.

The Board has remanded the case for further development, including obtaining medical records and preparing a VA medical opinion regarding the etiology of the Veteran's disabilities.

The Board has remanded the claim for additional development due to an inadequate VA examination in December 2011, and a need for an addendum opinion regarding whether the Veteran's headaches are secondary to his service-connected facial numbness.

The Veteran's service-connected disabilities meet the percentage requirements for a total disability evaluation based on individual unemployability due to his inability to secure or follow substantially gainful employment.

The Board has dismissed the Veteran's appeals regarding her claims for service connection for bilateral hearing loss and headaches, as well as her claim for an increased rating for residuals of a right ear injury. The effective date for the grant of Dependents' Educational Assistance (DEA) benefits was granted but not earlier than June 26, 2015.