Migraines & headaches decisions — 2018

The Veteran's service-connected migraines are now rated at the maximum schedular rating of 50 percent effective May 10, 2014.

The Board has remanded several issues related to the Veteran's service connection claims, including for right lumbar myositis (low back condition), a left knee condition, obstructive sleep apnea, scars of the right flank, migraine headaches, right knee patellofemoral pain syndrome, nasal pterygium right eye with bilateral borderline intraocular pressure, diabetes mellitus, type II, and insomnia disorder.

The Veteran's cluster headaches are currently rated at 50 percent, but the Board finds that the symptoms of severe sleep impairment and visual disturbances do not align with this rating. The Veteran is also unable to secure or follow a substantially gainful occupation due to his service-connected headache disability. Both issues must be remanded for further action.

The Board has remanded several issues related to the Veteran's service connection claims, including left shoulder, low back, bilateral hip, and right ankle disabilities. The rating for post-concussion syndrome with cognitive disorder and adjustment disorder, with anxiety and insomnia is also being remanded for a higher rating.

The Board has granted service connection for a laceration scar of the anterior neck. The right knee, TBI, and related issues are remanded due to insufficient evidence.

The Veteran's appeal is being remanded for issuance of a SOC regarding the issue of whether new and material evidence has been received to reopen his claim of depression, including as secondary to service-connected headaches. The VA will also schedule an appropriate examination for the Veteran's headaches and consider the TDIU claim in conjunction with the increased rating claim.

The Board has determined that additional development is necessary to properly adjudicate the Veteran's claims, including obtaining relevant medical records and opinions regarding service connection for various conditions.

The appeal of the service connection claim for TBI is dismissed. Service connection for PTSD is granted, and the issue of service connection for headaches is remanded.

The Veteran's claim for a bilateral hearing loss disability was denied as there is no evidence of a current diagnosis under VA regulation.,Claims for increased ratings for cervical spine and lumbar spine disabilities were remanded due to insufficient medical evidence or lack of clear and unmistakable error (CUE).,Service connection claims for digestive disorder, joint pain, skin condition, traumatic brain injury, and right great toe bunionectomy residuals were also remanded.,The Veteran withdrew his claim for a disability rating in excess of 10 percent for tinnitus and for a compensable disability rating for scars (claimed as neck fusion surgical scar, bunionectomy scar).

The Board has remanded the Veteran's claims due to incomplete records and the need for further medical opinions regarding the relationship between his service-connected disabilities and his claimed conditions.

The Veteran's TDIU was granted effective from July 11, 2014. The Board has remanded the case to determine if a TDIU should be awarded prior to that date based on his service-connected disabilities.

The Veteran's sleep apnea and tinnitus were not found to be related to service.,Fatigue, headaches (claimed as migraine headaches), and an acquired psychiatric disability have been remanded for further examination.

Service connection for prostate cancer and diabetes mellitus, type 2 is granted. Service connection for Hepatitis C is granted with a rating of 40 percent effective January 1, 2017. The reduction from 40 percent to 10 percent was improper.

The Board has granted service connection for ischemic heart disease due to herbicide exposure, but denied service connection for bilateral hearing loss and obstructive sleep apnea. The claims for reopening of service connection for headaches, back condition, appendicitis, cervical spine disorder, and lumbar spine disorder have been granted.

The Board has remanded the claims of service connection for cluster headaches, degenerative joint disease (DJD) of the right hip, residuals from left hip replacement, lower back condition, cellulitis and tinea, and eczema due to inadequate examination reports.

The Board has determined that further development is needed to determine the etiology of the Veteran's claimed disabilities, including whether they are related to service or other factors.

The Veteran's depression has been granted a rating of 70 percent, but no higher. The appeal is denied for the other issues.

The Board has determined that additional medical opinions are needed to address the Veteran's claims for service connection and increased evaluation, as well as a new VA examination is required for his bilateral hand DJD.

The Veteran's tension headaches are manifested by very frequent prostrating and prolonged attacks that are capable of producing severe economic inadaptability, warranting a 50% disability rating.

The Veteran's claims for TBI and associated headaches, as well as his claim for a total disability rating based on individual unemployability due to service-connected disabilities, are being remanded for additional development. The Veteran needs to provide updated medical records and undergo a TBI examination.