Migraines & headaches decisions — 2019

The Veteran's bilateral pes planus has been rated at the maximum schedular rating of 50 percent since the appeal period began.,Prior to March 13, 2014, his migraine headaches were rated at 10 percent. From that date onwards, they are rated at 50 percent.

The Veteran's service connection for asthma and headaches is granted, while other issues are either denied or remanded.

The Board has decided to remand the claim of entitlement to a compensable rating for tension headaches with nausea and dizziness due to insufficient reasons provided in the previous decision. The Veteran's lay statements regarding her migraine headaches are not adequately addressed, and a VA examination is needed.

The appeal of the issue of an increased rating for degenerative joint disease of the cervical spine is dismissed.,Service connection for obstructive sleep apnea is denied.

The Veteran's PTSD and Migraine Headaches have been granted service connection, with effective dates of December 1, 2015.,A rating of 70 percent for PTSD has been granted, effective from December 1, 2015.

The Veteran's service-connected disabilities, including multiple sclerosis with bilateral lower extremity paresthesias and loss of use of both lower extremities, meet the criteria for eligibility for specially adapted housing due to his permanent and total disability.

The Veteran's joint pain is not due to an undiagnosed illness. The Board finds that the preponderance of evidence does not support service connection for unspecified joint pain.,The Veteran does not have a current diagnosis of fibromyalgia and there is no evidence showing it began during service or is otherwise related to in-service injury, event, or disease.

An effective date of May 20, 2014 for a 50 percent disability rating for migraines is granted.,An effective date of May 20, 2014 for a 20 percent disability rating for degenerative arthritis of the lumbar spine is granted. The periumbilical scar secondary to service-connected scar status post tubal litigation also receives an effective date of May 20, 2014.

The Veteran's claims for service connection for headaches, chronic fatigue syndrome, muscle pain, skin disorder, left knee disorder, and right knee disorder are all denied as there is no competent medical evidence linking these conditions to his first period of service.,Service connection cannot be granted on a direct basis because the Veteran has not provided sufficient evidence to establish a nexus between his current disabilities and his military service.

The Veteran's service-connected disabilities, including panic disorder, lumbar spondylosis-status post spinal fusion, bilateral lower extremity radiculopathy, and other conditions, prevent her from maintaining substantially gainful employment. The Board has granted the Veteran's claim for a total disability rating based on individual unemployability (TDIU).

The Veteran's claims for increased ratings and service connection were denied. The neuritis of the bilateral lower extremities claim was denied as there is no evidence of a disability prior to July 14, 2016. Service connection for cervical spine, headache, and bilateral hand conditions were also denied due to lack of medical evidence supporting their relationship with the Veteran's service-connected low back disability.

The Board denied the Veteran's claim for TDIU as his service-connected disabilities do not render him unable to obtain or maintain gainful employment.

The Veteran's service connection claim for tailbone or coccyx pain is denied as there is no current disability related to the in-service injury.,The Veteran's low back disability is rated at 10 percent, which is the maximum rating available under the General Rating Formula for Diseases and Injuries of the Spine.,The Veteran's left knee patellofemoral syndrome and right knee patellofemoral syndrome are both rated at 10 percent.,The Veteran's left calf strain is rated at 10 percent.,The Veteran's mixed-type headaches are rated at 30 percent.,No effective date was provided in the decision.

The Veteran's claim for service connection for chronic fatigue syndrome, rheumatic fever (claimed as elevated ASO titer and streptococcal levels), a chronic immune system disorder, a chronic upper respiratory disorder, mitral valve prolapse, and a neurological disorder (tingling and numbness) has been granted. The conditions are considered to be manifestations of an undiagnosed illness or medically unexplained chronic multisymptom illness due to service in the Southwest Asia theater of operations during the Persian Gulf War.

The Veteran's appeal for service connection for a right shoulder disorder has been dismissed as the Veteran withdrew his appeal in May 2018.,Service connection for a right hand disorder claimed as secondary to service-connected right index finger status post laceration is denied. The available medical evidence does not demonstrate that the Veteran has, or at any pertinent point during the current appeal period has had, a diagnosis of a right hand disorder.,The claim of entitlement to a compensable disability rating for left knee patellofemoral syndrome is remanded due to missing VA examination reports from May 2017.,The claim of entitlement to a compensable disability rating for migraine headaches is remanded due to missing VA examination reports from May 2017.

The Veteran's service connection claim for headaches is granted.,The Veteran's service connection claims for a left fibrocystic breast lump and left breast scar are denied.,The Veteran's initial compensable rating claim for recurrent pharyngitis is granted, with a 10% rating.

The Veteran's appeal for service connection and increased ratings is remanded due to the need for further development of evidence in several areas.

The Board has remanded the Veteran's claims for service connection and increased ratings due to insufficient evidence in the record, including discrepancies between VA examiner findings and private physician diagnoses. The Veteran will be afforded another examination to determine the nature and etiology of any current heart disability, as well as initial evaluations for his cervical and lumbar spine disabilities and migraine headaches.

The Veteran's petition to reopen claims for headaches and fatigue was granted, but the claim for gastrointestinal disorder remains pending.,The Board found that new evidence supported reopening of the headache and fatigue claims. The gastrointestinal disorder claim is still pending.

The Veteran's TDIU claim is remanded due to its inextricability with his § 1151 claim. Additionally, the VA treatment records and SSA decision must be obtained for both claims.