Migraines & headaches decisions — 2017

The Veteran withdrew his claims for service connection for TMJ, prostatitis, atherosclerotic cardiovascular disease, a left elbow disability, GERD, migraines (to include as secondary to obstructive sleep apnea), right ear hearing loss, and hypertension during his October 2016 Board hearing.

The Veteran's appeal for an earlier effective date for migraine headaches was denied. The Veteran received a higher initial disability rating of 30% for his service-connected migraine headaches, but the claim for a TDIU remains pending.

The Board denied the Veteran's claims of service connection for migraines and tension headaches, hypertension, a skin disability of the arms and legs, right foot disability, and left foot disability. The Board found that there was no evidence linking these conditions to service or any presumptive exposure basis.

The Veteran's migraine headaches are characterized by prostrating attacks occurring on an average once a month over the last several months, warranting a 30 percent disability rating prior to July 19, 2011.

The Board has remanded the Veteran's claims for additional development due to inadequate examination reports and incomplete medical records.

The Veteran's claims for increased evaluations and service connection were denied. The lumbar spine disability was evaluated as 20 percent disabling prior to June 27, 2013, and 40 percent thereafter under the General Rating Formula for Diseases and Injuries of the Spine. For migraine headaches, a very frequent, completely prostrating attacks productive of a severe economic impairment were established beginning December 26, 2013. The hypertension was not shown to warrant an evaluation in excess of 10 percent.

The Veteran's claims for service connection are being remanded due to the need for additional development and examination.

The Veteran's appeal is being remanded for additional development to determine the relationship between his sleep apnea and headaches, including whether they are related to service.

The Veteran's service-connected migraine headaches have resulted in very frequent completely prostrating and prolonged attacks productive of severe economic inadaptability, warranting a 50 percent rating.

The Veteran's service-connected disabilities do not meet the criteria for a grant of automobile or adaptive equipment, as they do not cause permanent loss of use of one or both feet or hands, nor does his vision impairment qualify him under the statutory criteria.

The Board has determined that the payment of $6,249.74 in attorney fees for representation from October 2012 to September 2014 is not reasonable and therefore denied.

The Veteran's anxiety disorder with PTSD and depression is currently rated at 70 percent, but not higher, throughout the claims period.,The Veteran's posttraumatic headaches are currently rated at 30 percent, which is the maximum schedular rating available.

The Veteran's appeal was withdrawn regarding several issues, including service connection for various conditions. The current ratings for bilateral pes planus and hearing loss are denied as they do not meet the criteria for a higher rating.

The Veteran's service-connected headaches are rated at a maximum of 50 percent, which is the highest schedular rating available for this condition. The Board found that the symptoms and impairment more nearly approximated very frequent completely prostrating and prolonged attacks productive of severe economic inadaptability.

The Veteran's TBI residuals were not productive of any deficits in memory, attention, concentration, executive functions, judgment, social interaction, orientation, motor activity, visual spatial orientation, neurobehavioral effects, communication, or consciousness for the period prior to August 4, 2017. For the period from August 4, 2017, he had deficits in memory, attention, concentration, and executive functions but no other symptoms that interfered with work, activities of daily living, or relationships.,The Veteran's headaches have not been productive of prostrating attacks.

The Board has remanded the case for additional development to obtain medical records and verify service exposure. The Veteran's claims of service connection for diabetes, a psychiatric disability (including PTSD), and a headache are still pending.

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

The Board has determined that the Veteran does not have a service-connected TBI, and therefore cannot establish service connection for hearing loss, tinnitus, and headaches as secondary to or aggravated by a service-connected condition.

The Veteran's appeals for increased ratings and service connection have been withdrawn. The Board has dismissed the appeals as they are no longer in contention.

The Veteran's appeal is being remanded due to the need for additional VA treatment records and a thorough search of her file under all of her names. The case will be readjudicated after these actions.