Migraines & headaches decisions — 2019

The Veteran's service-connected disabilities (PTSD, Tension Headaches, Essential Tremor, Dermographia) have rendered him unable to secure or follow substantially gainful employment.

The Board has remanded several issues related to the Veteran's claims for service connection, including those pertaining to his back condition, eye condition, sleep apnea, diabetes mellitus, and migraines. The remaining conditions have been denied.

The Veteran's headaches have been rated at a maximum of 50 percent, which is the requested rating. The condition causes very frequent, prostrating and prolonged attacks that are capable of producing severe economic inadaptability.

The Board has decided to remand the issue of attorney fees from past-due benefits awarded in a September 2016 rating decision which granted an increased rating for PTSD, granted service connection for headaches, and granted TDIU. The Veteran is required to wait 30 days before responding to the VA Form 9 provided by his attorney, after which he must be given a supplemental statement of the case (SSOC).

The Veteran's low back disorder is granted service connection, but his post-traumatic headaches and PTSD are denied initial compensable ratings.

The Veteran's application to reopen the claim of service connection for a back condition is granted, and service connection is also granted. An initial disability rating of 100 percent for PTSD is granted effective April 13, 2008.

The Veteran's claims for increased evaluations were denied. The case was remanded for further development, and the Veteran received a noncompensable evaluation for scintillating scotoma, bilateral hearing loss, and migraine headaches.

The Board has remanded the claims of gastroesophageal reflux disease (GERD), obstructive sleep apnea, and migraine headaches due to new evidence. The cervical spine disability is granted with service connection based on direct evidence.

The Veteran's claim for a disability rating in excess of 30 percent for migraines has been denied.,The Veteran's claim for a disability rating in excess of 70 percent for posttraumatic stress disorder (PTSD) has been denied.,The Veteran's claim for a total rating based on individual unemployability due to service-connected disabilities has been denied.

The Board has remanded the cases due to new evidence indicating that the Veteran's service-connected migraines and heartburn have worsened since their last examinations. The Veteran will need to undergo VA examinations to determine the current severity of these conditions.

The Veteran's migraine headaches are rated at 50 percent effective June 9, 2004. The Board also granted a TDIU for the period prior to May 18, 2006.

The Veteran's claims for service connection for sleep apnea, major depressive disorder, and tension headaches are all granted. The claim for service connection for irritable bowel syndrome is remanded.

The Board has remanded the claims for service connection for migraine headache, fibromyalgia, and right shoulder disability due to insufficient medical opinions regarding their etiology.

The Board has granted the Veteran's claims for secondary service connection for an acquired psychiatric disorder, headaches, and sleep apnea. The conditions are deemed to be related to his other service-connected disabilities.

The Board has not addressed the service connection claims for obstructive sleep apnea and an acquired psychiatric disability as they are considered to be 'unknown' due to lack of specific mention in the decision.,The claim for service connection for migraines, including as due to service-connected tinnitus, is granted after reopening.

The Veteran's claim for an initial compensable rating for headaches associated with non-Hodgkin’s lymphoma, in remission, is denied as there are no characteristic prostrating attacks to warrant a higher evaluation.

The Veteran's claims for increased ratings and SMC at the housebound rate are granted. The initial rating of 100 percent for organic brain syndrome, initial compensable rating for headaches, and SMC based on housebound status are all granted as of June 26, 1969. The issues regarding loss of skull and head scar remain unresolved.

Service connection for arthritis, headaches, and tinnitus was denied. The Veteran's service records did not show any diagnosis of these conditions during or after his military service.,Tinnitus received a maximum schedular rating (10%) as it is specifically listed in the rating schedule. No other diagnostic codes are potentially applicable which might afford a higher rating on an alternative basis.,No effective date earlier than November 4, 2016, was granted for tinnitus due to lack of prior intent to file a claim.,The Veteran's service-connected disabilities do not meet the criteria for SMC based on aid and attendance or housebound status.

The Veteran's PTSD and migraine headaches have been granted higher ratings, but the rating for PTSD remains at 70%. The issue of entitlement to TDIU has also been remanded.

The Board denied service connection for various conditions, including lumbar spine disability, left shoulder arthritis, right shoulder disability, fatigue syndrome, gastrointestinal disorder, anemia, and skin condition. Service connection was granted for headaches.