Migraines & headaches decisions — 2019

Your appeal was denied because your June 2018 Notice of Disagreement (NOD) was not timely filed with respect to the July 2014 rating decision, which denied your request to reopen claims for service connection for back, cervical spine, and migraine headache disabilities.

The Veteran's petition to reopen his claim for service connection for a head injury with residual chronic headaches is granted. The claims of service connection for right ear hearing loss, thoracolumbar spine disorder, sinusitis, allergic rhinitis, traumatic brain injury with residual headaches, and right knee disability are all remanded due to the need for additional medical opinions.

The Veteran's migraines are being remanded for further evaluation and clarification of the severity and frequency of his headaches.

The Veteran's claims for increased ratings and service connection were denied due to lack of evidence showing an increase in disability within one year prior to the filing of his intent to file a claim.,An earlier effective date was granted for the assignment of a separate rating for sinusitis, but not earlier than May 31, 2016.

The Board denied the Veteran's claims for an initial disability rating in excess of 10 percent for service-connected left knee patellofemoral syndrome and headaches, finding that the evidence did not support higher ratings based on the severity of his symptoms.

The Board has determined that the Veteran should be afforded VA examinations to assess her claimed conditions, as she did not receive notification of the scheduled VA examinations. The claims are being remanded for these purposes.

The Veteran's claim for service connection for chronic adjustment disorder with anxiety and depression, bilateral dry eyes, and headaches is granted. The claims for other acquired psychiatric disability (PTSD), left ear hearing loss, and obstructive sleep apnea are denied.

The Veteran's service connection claim for a cervical spine disorder is denied. For the initial rating period on appeal from June 24, 2010 until June 14, 2016, a higher initial disability rating of 30 percent for tension headaches is granted.

The Veteran's appeal has been dismissed due to his death. The Board cannot proceed with the merits of this case as he is no longer alive.

An effective date of April 18, 2016, but not earlier, for the award of a 70 percent rating for PTSD is granted. The Veteran's claim for service connection for sleep apnea and headaches is also remanded.

The Veteran's depressive disorder and migraine headaches are related to his service-connected disabilities. The right upper extremity radiculopathy, hypogonadism status post testicle removal, osteoarthritis of the right ankle (previously rated as right foot talar cyst), left shoulder disorder, left and right elbow disorder, left and right hand disorder, left knee disorder, right knee disorder (secondary to service-connected right ankle disability), left ankle disorder, left foot disorder, right foot disorder (other than a talar cyst) (secondary to service-connected right ankle disability), left upper extremity radiculopathy (secondary to service-connected cervical spine disability), and sleep apnea are all granted. The effective dates for these grants have not been met.

The Veteran's hypertension, migraine headaches, PTSD and depressive disorder with pure dysthymic syndrome are all granted. The Veteran is awarded a 10 percent rating for his hypertension from June 9, 2017 to October 16, 2018. A 50 percent rating is granted for his migraine headaches during the same period. His PTSD and depressive disorder with pure dysthymic syndrome are rated at 50 percent throughout the appeal period. The Veteran's back disability, left knee condition, and TDIU claims are all remanded.

The Board denied the Veteran's claims of service connection for seizure disorder, fatigue (claimed as chronic fatigue syndrome), headaches (claimed as migraines), and multiple sclerosis due to a lack of verified military service. The preponderance of evidence did not support a causal relationship between these conditions and active service.

The Veteran's claims for gastritis, migraines, and PTSD have been granted with effective dates of February 10, 2014. She is also entitled to SMC at the housebound rate.

The Veteran's TDIU claim was remanded due to the RO not complying with a previous Board of Veterans' Appeals (BVA) remand request for an examination. The case is now back before the BVA and will be adjudicated again after another examination.

The Veteran's increased rating claim for his service-connected tension headaches is remanded due to unclear severity and the need for a new VA examination.

The Board has remanded the Veteran's claims due to the need for additional development, including a new VA examination to assess his headaches and sleep disorder.

The Board denied service connection for a lumbar spine disability, cervical spine disability, and headaches. The Veteran's claims were not supported by the evidence of record.

The Veteran's tinnitus is granted as service connected.,The Veteran's major depressive disorder and migraine headaches are both granted as service connected.

The Veteran's claims for service connection of right knee disability, left knee disability, and headaches have been remanded due to the need for additional medical opinions.