Migraines & headaches decisions — 2017

The Veteran's right knee condition has been granted service connection and assigned a zero percent rating.,Service connection for the left shoulder disability is pending, as new and material evidence has been received. The effective date of service connection will be determined upon finalization of this claim.,Service connection for the low back disability is pending, as new and material evidence has been received. The effective date of service connection will be determined upon finalization of this claim.,The Veteran's right foot arthritis has been granted service connection and assigned a zero percent rating.,Service connection for the right lower extremity neurological condition is pending, as new and material evidence has not yet been received. The effective date of service connection will be determined upon finalization of this claim.,The Veteran's hypertension has been granted service connection and assigned a 100 percent rating (the maximum available).,Service connection for the headaches is granted.

The Veteran's appeal includes claims for service connection for various conditions, including PTSD and Gulf War exposure-related conditions. The Board has remanded the case to schedule a hearing before the Board.

The Board denied the Veteran's claims for service connection for various conditions, including PTSD, low back disability, left hip and leg disabilities, headaches, right foot disability, and left foot disability. The decision also addressed whether new and material evidence had been received to reopen previously denied claims for right and left foot disabilities.

The Veteran's service-connected disabilities have rendered him unable to secure or follow a substantially gainful occupation, and the Board has granted entitlement to a TDIU.

The Veteran's claims for service connection for headaches, jaw soreness, and sinus disorder have been granted. The Board found that the evidence is in relative equipoise regarding the relationship between these conditions and service.

The Board has granted service connection for migraines, finding that the Veteran's chronic headaches began in service and are related to his service-connected TBI. Service connection for a cervical spine disability was denied as there is no evidence of a nexus between the condition and service or service-connected conditions.

The Veteran's left knee disability is currently rated as 10 percent for the period on appeal. A separate rating of 10 percent for limitation of motion was denied. The Veteran's service connection claims for residuals of a head injury and hypertension were also denied.

The Veteran's degenerative lumbar disc disease, headache disorder, and hemorrhoids are found to have had their onset during service. Service connection is granted for these conditions.

The Veteran's migraine headaches are found to have started during service and are therefore granted service connection.,The Veteran's sleep apnea is found to have started during service and is therefore granted service connection.

The Veteran's migraine headaches have been rated at 30 percent since October 27, 2016. His anxiety disorder has been rated at 50 percent since March 3, 2014.

The Veteran's claim of entitlement to service connection for an acquired psychiatric disorder, including PTSD, has been reopened and is granted. The Board finds that the Veteran's acquired psychiatric disorder, to include PTSD, is at least as likely as not related to his military service.

The Board denied the appeal to recoup a lump sum separation payment in the amount of $29,127.39 from the Veteran's VA disability compensation benefits as mandated by law.

The Board found that the Veteran's headaches and healed fractured mandible preexisted service, and were not aggravated by service. The Veteran's headaches are denied as they clearly and unmistakably existed prior to service.

The Veteran's service-connected conditions did not preclude him from securing and following all forms of substantially gainful employment that are consistent with his education and occupational experience prior to July 26, 2016.

The Board has granted service connection for a headache disorder, finding that the Veteran's current headaches are related to his in-service injury. However, the Board denied service connection for a seizure disorder due to conflicting evidence regarding its onset and etiology.,Regarding TBI residuals other than seizures and headaches, the claim is currently inextricably intertwined with the claims for bilateral hearing loss and dental trauma.

The Veteran's migraine headaches have been rated at the maximum (50%) since September 29, 2009 due to their frequency and severity.

The Veteran seeks an initial rating in excess of 30 percent for his service-connected migraine headaches. The Board finds that a new VA examination is necessary to determine the nature and severity of his service-connected headaches.

The Veteran's claims for higher initial ratings and effective dates for service connection were denied. The Board found that the evidence did not support earlier effective dates or higher initial ratings.

The Board has remanded the case for additional development, including obtaining VA treatment records from 1972 to 2012 and private treatment records related to a motor vehicle accident. The Veteran's claims for service connection for low back disability and migraines will be reconsidered based on this new evidence.

The Board found that the Veteran's headache disorder had its onset during service and granted service connection. For his acquired psychiatric disorder, the Board determined there was no evidence of a psychosis within one year post-service, thus denying service connection for this condition.