Migraines & headaches decisions — 2018

The Veteran is granted a higher rate of special monthly compensation (SMC) based on the need for regular aid and attendance due to his service-connected disabilities, including bilateral lower extremities, headaches, cervical degenerative changes, chronic back pain, chronic gastritis, PTSD, MDD, and right arm neuralgia. The SMC rating is at level (r)(1).

The Board has separated the Veteran's bilateral ear disability claim into three separate issues: hearing loss, headaches, and congenital stenosis of the ear canals with otitis externa. After considering all evidence, including VA and private medical opinions, the Board finds that service connection is granted for bilateral hearing loss but denied for both headaches and a bilateral ear disability.

The Veteran's migraine headaches are manifested by very frequent prostrating and prolonged attacks that are capable of producing severe economic inadaptability, warranting an initial 50 percent disability rating.

The Veteran's migraine headaches, bilateral hearing loss, and GERD are all service-connected. The pes planus is presumed to have been incurred in service based on the evidence of record. Cerumen impaction was also found to be incurred during service.

The Veteran's PTSD has been rated at 70 percent, but the Board finds that a higher rating is not warranted due to his symptoms varying from mild transient symptoms to deficiency in most areas.,For TDIU, the Veteran meets the percentage requirements for consideration. However, he is currently unemployed and unable to secure or follow substantially gainful employment due to service-connected disabilities.

The Veteran's headaches are rated at 50 percent since April 26, 2011 and TDIU is granted from that date to January 15, 2016. The maxillary transverse discrepancy, depressive disorder with insomnia, and mitral valve prolapse disabilities have not been evaluated yet.

The Veteran's appeals for increased ratings and service connection have been withdrawn. The claims of vision loss, right ankle disability, chronic fatigue syndrome, fibromyalgia, headaches, hearing loss, sleep apnea, Gulf War syndrome, deviated septum, and cystitis are dismissed.

The Board has determined that new and material evidence has not been submitted to reopen the claims for service connection for TBI, headaches, loss of sight, and sleep disorder. The Veteran's current disabilities are related to his 2005 injury in service, but due to the dishonorable characterization of service for this period, they cannot be considered as incurred or aggravated therein.

The Veteran's appeals regarding hypertension, migraine headaches, heart disability, and low back condition were dismissed as new and material evidence was not received to reopen the claims.

The Board has found that the Veteran's headaches and GERD are service-connected. However, there is insufficient evidence to support a finding of service connection for an acquired psychiatric disorder or a sleep disorder.

The Veteran's acquired psychiatric disorder, to include depression, is caused by her service-connected DDD of the lumbar spine and hallux valgus deformity. Her headaches are caused by her service-connected asthma. For the period from February 17, 2006 to April 13, 2016, she exhibited symptoms consistent with mild incomplete paralysis of the sciatic nerve for left lower extremity sciatica and for right lower extremity sciatica. For the period from April 14, 2016 forward, she exhibited symptoms consistent with moderate incomplete paralysis of the sciatic nerve for left lower extremity sciatica. For the period from July 6, 2016 forward, she exhibited symptoms consistent with moderate incomplete paralysis of the sciatic nerve for right lower extremity sciatica.

The Board has determined that the Veteran's claims for service connection for a cervical spine condition and headaches are granted, finding that there is at least as much evidence to support these claims as against them.

The Veteran's service-connected chronic cluster headaches are manifested by mild to severe headaches lasting for under one hour. Although frequent, the headaches do not meet the criteria for a higher rating as they are not completely prostrating and prolonged or productive of severe economic inadaptability.

The Board has remanded the case due to insufficient development and need for additional medical opinions regarding service connection claims, including exposure to ionizing radiation.

The Veteran's service connection claims for pituitary gland disorder, headache disorders, and acquired psychiatric disorder are granted. The Veteran is also granted a temporary 100 percent rating for PTSD from July 27, 2009 to September 30, 2009, and TDIU effective April 4, 2013.

The Veteran's appeal is being remanded for additional development to determine the current nature and severity of his service-connected posttraumatic headaches, as well as whether he has tinnitus related to these headaches. The VA examiner will also assess how service-connected headaches impact his work capacity.

The Veteran's right knee disability, back disability, and migraines are found to be related to service. The claims for these conditions have been granted.

The Veteran's appeal is being remanded for additional development, including obtaining outstanding VA treatment records and a statement of the case on his claim for higher initial ratings for migraine headaches.

The Veteran's initial effective date for a 50 percent rating for his service-connected headache disability is August 29, 2007. The Board finds that an earlier effective date prior to this date is not warranted.

The Veteran's claim for service connection for sleep apnea was denied. The claims for headaches and an acquired psychiatric disorder were reopened, but denied on the merits.,The Veteran's claim for service connection for headaches, as residuals of a traumatic brain injury, was granted.