Migraines & headaches decisions — 2018

The Board granted an increased initial rating for migraine headaches to 30 percent effective October 24, 2013. The Board also granted service connection for PTSD with an effective date of April 11, 2007.

The Board has determined that the Veteran's claimed headache disorder and back disorder are not related to his active duty service, and therefore denied both claims.

The Board has determined that the Veteran's headaches are not due to an undiagnosed illness or a medically unexplained chronic multisymptom illness, and therefore denied his claim for service connection.

From January 24, 2006 to September 1, 2008, the Veteran's service-connected disabilities were sufficiently incapacitating as to prevent him from obtaining or maintaining substantially gainful employment.

The Veteran's TBI residuals, including headaches, are rated at 10 percent. The headaches have been rated separately and are currently assigned a 10 percent rating.

The Veteran's claims for service connection for depressive disorder, sleep apnea, and headaches have been granted. The claim for hypertension has not been granted.

The Board has determined that the Veteran's degenerative arthritis of the lumbar spine and tension headaches are not related to his military service. The claims for these conditions have been denied.

The Board has determined that the Veteran does not have current residuals of a head injury, including headaches, and his currently diagnosed cluster headaches did not manifest in service or within one year of service separation, nor is such disability causally related to active service or any incident therein. Therefore, the claim for service connection for residuals of head trauma, including headaches, has been denied.

The Veteran's claims for service connection have been denied as there is no evidence of a current disability or a link to service. The Board finds that the Veteran does not have chronic balanitis, and his stroke was not caused by asbestos.

The Board has remanded the Veteran's claims for additional development due to incomplete examination and treatment records, as well as unclear opinions regarding service connection and increased rating.

The Veteran's acquired psychiatric disorder and headache disorder have not been shown to warrant a higher rating under the applicable diagnostic codes.

The Veteran's service-connected basilar migraine headaches with vertigo and blurred vision are currently rated at the highest schedular rating available (50%). The other issues have been granted, but not in excess of their current ratings.

The Veteran's PTSD is rated at 100 percent, rendering moot the claim for a TDIU. Service connection was granted for fibromyalgia as a qualifying chronic disability under 38 C.F.R. § 3.317.

The Board has determined that the Veteran's injuries, including his lumbar spine disability, cervical spine disability, residuals of a fractured skull, traumatic brain injury, headaches, vertigo, neurological condition affecting bilateral lower extremities (claimed as pain and muscle spasms), neuropathy of upper extremities, and acquired psychiatric disorder (claimed as PTSD) are due to his own willful misconduct. As such, these claims for service connection are denied.

Service connection for migraines as secondary to the Veteran's service-connected PTSD and/or tinnitus is granted.,The criteria for a disability rating in excess of 10 percent for bilateral tinnitus have not been met.

The Veteran's appeal of the issues related to cervical spine disorder, headaches, left lower extremity sciatica, ulnar nerve disorder, right ear hearing loss; increased ratings for depression, left varicocele, right lower extremity muscle atrophy and sciatica, low back pain syndrome with grade 1, L5-S1 spondylolisthesis, and; an earlier effective date for service connection for right lower extremity muscle atrophy and sciatica has been withdrawn due to the award of TDIU effective from November 1, 2009.

The Board has determined that additional development is necessary due to the need for VA treatment records and a new medical opinion. The Veteran's appeal will be remanded for these purposes.

The Veteran's service-connected posttraumatic headaches have not been manifested by severe economic inadaptability, and thus an initial rating in excess of 30 percent is denied.

The Veteran requested and withdrew his appeal regarding the issues of entitlement to service connection for sleep apnea and migraine headaches.

The Veteran's service-connected headaches have been rated at 50% since the appeal period began, which is the highest rating available under the criteria for migraine headaches.