Migraines & headaches decisions — 2019

The Veteran's claim for an increased rating for her service-connected migraine headaches is being remanded due to incomplete VCAA notice, outstanding VA treatment records, and the need for a new VA examination.

The Veteran's appeals for bilateral hearing loss and angina have been dismissed.,The petition to reopen the claim for hemorrhoids was granted, but only partially. The petition to reopen the claim for headaches was also granted, but only partially.

The Veteran's spouse was not recognized as a dependent for VA benefits until March 2014, despite the Veteran having submitted information about his marriage in 2008. The claim is denied because the necessary documentation was not received within one year of notification.

The Board found that the grant of service connection for migraines was clearly erroneous and thus severed service connection for migraines, effective May 1, 2014.

The Board has remanded several issues related to the Veteran's service connection claims due to a failure to comply with the duty to assist in obtaining VA medical records. The AOJ is instructed to obtain all outstanding VA treatment records and schedule the Veteran for examinations to address his current conditions, including headaches, skin condition, and acquired psychiatric disorder.

The Veteran's claims for service connection for left-hand, right-hand, left ankle, right ankle, left foot, and right foot conditions have been dismissed.,The Veteran's claim for an initial compensable rating for sinusitis has also been dismissed.

The Veteran's TBI and migraine headaches have been rated at the lowest available level (10%) throughout the appeal period, as there is no evidence of more than mild impairment in any facet for TBI or characteristic prostrating attacks for migraines.

The Board has determined that the Veteran's post-concussive syndrome, migraine headaches, and major depression are related to his parachute landing during ACDUTRA in June 1977. As a result, service connection for these conditions is granted.

The Veteran's appeals for service connection on multiple conditions have been dismissed due to his withdrawal of the appeals.

The Veteran's service connection for an acquired psychiatric disorder, including PTSD and anxiety disorder, as well as headaches on a secondary basis to tinnitus and his acquired psychiatric disorder is granted. The appeal for total disability based on individual unemployability due to service connected disabilities (TDIU) is remanded. A sleep disorder, to include sleep apnea, is also being considered.

The Veteran's hyposmia is granted with a compensable rating. The claims for sleep apnea, loss of sense of taste, and migraines are remanded due to insufficient evidence.

The Veteran's PTSD, rated at 100% since October 18, 2012, and other service-connected disabilities combined to meet the criteria for a TDIU from May 1, 2015. Effective October 27, 2012, SMC at the housebound rate was granted.

The Veteran's service-connected disabilities have changed over the course of the appeal, and there is no report on the collective impact of these conditions on his ability to work. The case is being remanded for further examination.

The Veteran's initial rating for head injury with migraine headaches was denied from August 28, 2003 to September 18, 2005 and from September 19, 2005 to May 13, 2010. A higher rating of more than 30 percent is granted as of May 14, 2010.

The Veteran's claim for an initial compensable rating for nonspecific headaches has been denied as the evidence does not show characteristic prostrating attacks of migraine headache pain or very frequent prostrating and prolonged attacks of migraine headache pain.,The Veteran's claims for initial compensable ratings for right knee patellofemoral pain syndrome, left knee patellofemoral pain syndrome, and left lower extremity shin splint are remanded as the VA examination report is inadequate to address the severity of these conditions during flare-ups or when weight-bearing.,The Veteran's claim for an initial compensable rating for service-connected costochondritis has been remanded as the VA examination report did not evaluate the functional effects of a flare-up and failed to specify which disabilities caused functional loss or to what extent.,The Veteran's claim for an initial compensable rating for temporomandibular joint disorder (TMJ) is remanded as the VA examination report did not provide an explanation for the examiner’s failure to evaluate the functional effects of a flare-up.

The Board denied the Veteran's claim of service connection for hypertension as secondary to her service-connected migraine headaches. The issue of an increased rating for migraine headaches was dismissed due to withdrawal by the Veteran.

The Veteran's major depressive disorder, migraine headaches, and sleep apnea are granted as secondary to his service-connected bilateral pes cavus and other disabilities.

The Veteran's headaches are granted as secondary to his service-connected tinnitus and unspecified anxiety disorder.,The Veteran's unspecified anxiety disorder is granted as related to his in-service diagnosis of adjustment disorder with mixed anxiety and depression.

The Veteran's claims for tinnitus, tension headaches, insomnia, and reduced attention span and mood (other than PTSD with MDD) are all granted. The claim for service connection for a disorder other than PTSD with MDD is denied.

The Veteran's deviated septum, migraine headaches, and right shoulder strain are all granted service connection. However, his bilateral pes planus is denied.