Migraines & headaches decisions — 2017

The Veteran's lumbar spine disability is currently rated as 20 percent disabling prior to December 26, 2012 and 60 percent disabling since that date. The cervical spine disability was also rated at 20 percent prior to December 26, 2012 and 60 percent since then.,The Veteran's chronic headaches are currently rated as 50 percent disabling.

The Veteran's HPV was granted service connection. For migraines, she received a non-compensable rating prior to October 6, 2015 and a non-compensable rating beginning October 6, 2015.

The Veteran's service-connected migraine headaches resulted in very frequent prostrating attacks that caused severe economic inadaptability, warranting a 50% disability rating prior to March 17, 2016.

The Board has determined that the Veteran's claims for increased ratings and service connection have been denied. The left ear hearing loss disability was not found to warrant a compensable rating, while the head injury with chronic headaches claim was not reopened due to lack of new and material evidence. Service connection for an acquired psychiatric disorder secondary to TBI was also denied.

The Veteran's appeal is being remanded for additional development, including scheduling a video hearing.

The Veteran's migraines are currently rated at 50 percent effective September 9, 2015. Prior to this date, the claim was denied.

The Veteran was granted a rating of 50 percent for migraine headaches prior to December 8, 2014.

The Board has remanded the case to the AOJ for further proceedings due to an inadequate VA medical examination in December 2013. The Veteran needs a supplemental examination to assess his TBI disability, including cognitive, behavioral/emotional (psychiatric), and physical manifestations.

The Veteran's headaches are rated at a 50% disability rating since June 21, 2004. Prior to that date, the increase in severity of his condition was factually ascertainable on February 24, 2004.

The Veteran's service-connected migraine headaches render him unable to secure or follow a substantially gainful occupation, warranting a TDIU on an extraschedular basis.

The Veteran's appeal is being remanded due to the failure to appear at a scheduled video conference hearing. The issues of service connection for headaches, tinnitus, fracture of the mandible, bilateral hearing loss, and a single 10 percent rating under 38 C.F.R. � 3.324 based on multiple noncompensable service connected disabilities are being remanded.

The VA examiner found no link between the Veteran's migraine headaches and his service-connected disabilities or medications used to treat those conditions. The Board therefore denied the claim for service connection.

The Veteran's cause of death was determined to be due to his service-connected chronic adjustment disorder with depressed mood, which the Board found contributed substantially and materially to his death. The claim for DIC under 38 U.S.C.A. § 1318 is dismissed as moot because the appellant has prevailed on her claim for service connection for cause of death. The accrued benefits claim is also granted.

The Veteran's hiatal hernia with GERD is currently rated at 10 percent, effective April 21, 2010. The Board finds that a higher rating is not warranted as the symptoms do not meet the criteria for a 30 percent rating. Posttraumatic headaches are also service-connected and rated at 10 percent.

The Veteran's migraine headaches are currently rated at 50 percent from August 15, 2013. The Board finds that the evidence does not support a higher rating for this period.

The Veteran's OSA, right shoulder, cervical spine, and lumbar spine disabilities are found to be aggravated by his service-connected bronchial asthma with COPD. His headaches are related to his cervical spine DDD.

The Board has determined that the Veteran's current sleep disorder and headache disorder are not related to service, as there is no evidence of a chronic condition during or within one year after service. The claims for service connection have been denied.

The Board has found service connection for residuals of TBI, a psychiatric disability (diagnosed as major depressive disorder), and headaches.

The Veteran's appeal is being remanded for further development, including obtaining VA treatment records and a VA examination to address the severity of his service-connected nasal fracture residuals. The TDIU claim is also being remanded as it is intertwined with the above-mentioned claims.

The Veteran's appeal has been withdrawn due to a request for withdrawal prior to the Board's decision.