Migraines & headaches decisions — 2019

The Veteran's migraine headaches are found to have started during his active duty service and the Board grants service connection for this condition.

The Veteran's appeals have been withdrawn, and the Board has remanded two issues for further development.

The Board has remanded the claims for a compensable rating for headaches and TDIU due to unclear findings in the March 2016 VA examination report, which did not consider all procurable evidence. The examiner was instructed to clarify the severity of the Veteran's headaches since his claim was filed in October 1997.

The Board has denied service connection for migraines and remanded the claims of diabetes mellitus and hypertensive heart disease due to lack of evidence linking these conditions to service.

The Veteran's migraine headaches began during active service and have continued since then. The Board finds that the lay evidence of the Veteran and her roommate, as well as the STR and MPR evidence, is more probative than the February 2015 VA examiner’s negative nexus opinion, and shows the continuity of symptomology of a chronic disease, which had its onset while the Veteran was in service. Accordingly, service connection for migraine headaches is granted.

The Veteran's migraine headaches are rated at the maximum schedular rating of 50 percent, effective from the date of the decision.

The Veteran's petition to reopen his claim for service connection for an acquired psychiatric disability was granted. Service connection for major depressive disorder as secondary to service-connected disabilities is also granted. However, service connection for migraine headaches due to service or service-connected disabilities is denied.

The Veteran's headaches are not considered to be severe enough to warrant a compensable rating, as they do not cause prostrating attacks. The medical evidence does not support the claim for an increased rating.

The Veteran's major depressive disorder and migraines were rated at 50% prior to August 8, 2011. From August 8, 2011 to March 24, 2015, the Veteran was granted a 100% rating for major depressive disorder. A total disability rating based on individual unemployability (TDIU) from January 9, 2009 to August 7, 2011 is also granted.

The Veteran's TDIU claim is remanded due to its inextricability with his right ankle disability rating increase claim. The AOJ will address both issues concurrently.

The Veteran's GERD has been granted an initial evaluation of 30 percent since August 17, 2015.,Service connection for IBS is granted as the condition is presumptively related to service in the Gulf War theater.,Service connection for bilateral chronic plantar fasciitis is granted based on a current diagnosis and evidence linking it to service.,The Veteran's entitlement to service connection for migraine headaches remains pending due to lack of sufficient evidence.

The Board has remanded several issues for further development, including service connection claims for multiple joint pain, obstructive sleep apnea, chest pain, chronic skin infections, and an acquired psychiatric disorder. The Veteran's claims are related to his Gulf War service.

The Veteran's claims for service connection for a kidney disorder and headaches have been denied. The rating claims for cold injury residuals of the right foot and left foot remain denied.

The Veteran's appeals for service connection and earlier effective dates have been dismissed due to her withdrawal of the appeals. The Board has not jurisdiction over these issues.

The Veteran is granted TDIU effective March 29, 2017.,An earlier effective date for the grant of a 30 percent disability rating for reactive airway disease and/or asthma prior to April 6, 2012 is denied.

The Board has added relevant treatment records and examination reports to the claims file since the last decision. The Veteran was not provided with a waiver for this additional evidence, so the appeal is being remanded for readjudication.

The Board has remanded the case for further development due to unresolved medical questions regarding the Veteran's service-connected post head injury headaches and a need for additional clinical records. The Veteran is also seeking an increase in his rating.

The Board has remanded the Veteran's claims for service connection due to insufficient evidence and need for further examination. The issues include a right knee disability, heat stroke residuals, headaches, and psychiatric disabilities.

The Board has remanded the Veteran's claims for service connection due to insufficient development and examination. The issues include right shoulder, middle finger, knee, foot, back, breast reduction surgery, cervical dysplasia (claimed as cancerous-type tissue), migraine headaches, and carpal tunnel syndrome.

The Veteran's claim for service connection for a headache disability is granted as the evidence shows that his headaches began during active duty and continue to this day.