Migraines & headaches decisions — 2019

The Veteran is seeking a TDIU due to his service-connected disabilities, including major depressive disorder and sleep apnea. The Board has ordered a remand for further examination and opinion regarding the impact of all service-connected conditions on employment.

The Veteran's migraine headaches are rated at the maximum schedular rating of 50 percent, as her attacks are very frequent and completely prostrating.

The Veteran's service-connected disabilities do not preclude her from obtaining and maintaining substantially gainful employment consistent with her education and experience.

The Veteran's initial ratings for left wrist and elbow disabilities are granted, with a separate rating of 10% for abnormal motion and decreased strength of the left thumb. The Veteran is also granted an initial rating of 30% for migraine headaches, effective from the date of the decision.

The Veteran's migraine headaches are rated at a maximum of 30 percent from December 20, 2007 to November 20, 2012 and at 30 percent since November 22, 2013.,For the left ankle disability, an initial rating of 20 percent is granted from November 22, 2013.

The Veteran's vertigo associated with TBI is rated at 30 percent, and the issue of entitlement to an initial rating in excess of 10 percent for headaches associated with TBI remains pending.,The Veteran's headaches are currently rated as noncompensable (zero percent disabling) prior to September 21, 2016, and 30 percent thereafter. The issue of entitlement to a compensable evaluation from September 21, 2016 is pending.,The issues of entitlement to evaluations in excess of 10 percent for left ankle sprain and right ankle sprain are remanded.,The issue of entitlement to a compensable evaluation for paresthesia of the left side of the face associated with TBI remains pending.,The issue of entitlement to a compensable evaluation for TBI with post-concussive syndrome and visual impairment is also pending.

The Veteran's service-connected disabilities, including a seizure disorder and depressive disorder, cause the need for aid and attendance. The Board finds that the Veteran is in need of regular aid and assistance due to his medical conditions.

The Veteran's appeal regarding service connection for a skin condition has been dismissed as he withdrew his claim at the November 2018 hearing. The claims for service connection of an acquired psychiatric disorder, headaches, and sleep disturbance are remanded.

The Veteran's claims for increased ratings and service connection have been denied. The right wrist disability, bilateral hearing loss (left ear only), tinnitus, cervical spine disorder, COPD, IBS, OSA, left hip disorder, headaches, and seizures were not shown in service or are not causally related to service.

The Veteran's appeal for a total rating based on individual unemployability (TDIU) due to her service-connected headache disability is remanded. The Board acknowledges the Veteran's service-connected disabilities but finds that they do not meet the criteria for a TDIU under 38 C.F.R. § 4.16(a). However, referral to the Director, Compensation Service, for consideration of an extraschedular TDIU on account of her service-connected headache disability is warranted.

The Veteran's claims for service connection for various conditions, including bilateral hearing loss, lumbar spine disorder, left hip disorder, right hip disorder, left knee disorder, right knee disorder, right ankle disorder, left ankle disorder, left foot disorder, and right foot disorder have been denied. The Board found that the evidence did not establish a current disability or in-service incurrence for these conditions.

The Veteran's claim for service connection for a chronic back condition and chronic headaches was denied due to lack of evidence linking these conditions to his military service.,Service connection for the Veteran’s headache disorder was also denied as there is no medical evidence showing that his current headaches are related to his time in Southwest Asia or any other service-connected condition.

The Veteran's claims for increased ratings and service connection are being remanded due to the need for additional examinations and opinions.,The Veteran is seeking higher ratings for his cervical spine and right upper extremity conditions, as well as service connection for various other disabilities.

The Veteran's service connection claim for Traumatic Brain Injury is granted. The initial compensable evaluation claim for Migraine Headaches is remanded.

The Veteran's headaches and throat disability (chronic tonsillitis) are granted as service-connected. The Veteran's hypertension is denied, but the issue of service connection for an acquired psychiatric disorder (anxiety) remains pending.,The Veteran's right ankle disability and left ankle disability remain remanded due to insufficient evidence.

The Veteran's appeals for increased ratings on several knee and spine disabilities, as well as his PTSD and depressive disorder have been dismissed. The Board has also remanded the issues of a higher rating for persistent depressive disorder prior to October 28, 2016, and in excess of 50 percent thereafter for persistent depressive disorder and PTSD; a higher rating for lumbar spine chronic muscular strain superimposed on degenerative instability; and entitlement to TDIU.

The Veteran's appeal for a total disability rating based on individual unemployability due to service-connected disabilities is remanded as the VA examiner did not provide sufficient information regarding the combined effect of his multiple service-connected conditions on his ability to work.

The Veteran's appeal for service connection for hepatitis C has been dismissed.,Service connection was denied for bilateral hip disorder, sinus disorder, headache disorder, and bilateral carpal tunnel syndrome due to lack of current disabilities or recent diagnoses prior to the filing of a claim.

The Veteran's claims of service connection for left shin splints, depressive disorder, sleep apnea, stroke residuals, and headache disability have been granted. The Board found new and material evidence to reopen these claims.

The Veteran's application to reopen his claim for service connection for hypertension was granted, and he received a 50% rating for migraine headaches. His syncope condition is also rated at least 20%. The appeal as to PTSD and sleep apnea secondary to service-connected disabilities remains pending.