Migraines & headaches decisions — 2019

The Veteran's claim for an increased rating for headaches was denied as there was no evidence of sustained and material improvement.,The Veteran's claim for an increased rating for right upper extremity radiculopathy was denied as the evidence did not show severe incomplete paralysis, warranting a higher rating.,The reduction in the disability rating for left upper extremity radiculopathy from 40 percent to 20 percent was upheld.

The Veteran's migraines are granted service connection, and the lumbar spine strain with L5-S1 disc protrusion is granted a 40 percent evaluation. The S1 nerve root compression (sciatica/radiculopathy of right lower extremity) remains at 20 percent from September 30, 2014 onwards. PTSD with panic disorder and insomnia is granted a 30 percent initial evaluation prior to January 11, 2011. The Veteran's hearing loss and tinnitus are remanded for further development. Other issues remain pending.

The Veteran's tinnitus was granted service connection. The issues of initial rating greater than 30 percent for shortness of breath with pleural abcess prior to January 31, 2015 and initial rating greater than 30 percent for migraine type headaches prior to January 31, 2015 are remanded.

The Board denied the Veteran's claims of service connection for hypertension, a skin disorder, and headaches. The decision found that new evidence did not meet the criteria to reopen the claim for hypertension. It also determined there was no current diagnosis or persistent symptoms of a skin disorder. Headaches were denied as well.

The Board has remanded the Veteran's claims for left ankle, right ankle, headaches, and bladder condition issues due to inadequate examination findings. The Veteran is requested to provide lay statements from herself and others who have first-hand knowledge of her in-service and post-service symptomatology.

The Veteran seeks an earlier effective date for a 70 percent rating for traumatic brain syndrome, which was granted on August 12, 2013.,The Veteran also seeks an earlier effective date for a 30 percent evaluation for migraine headaches associated with his traumatic brain syndrome. The Board denied this claim.

The Veteran's headaches, heart condition, and memory loss were not found to be related to service.,Fibromyalgia was diagnosed in September 2018 but its etiology remains unclear.

The Board has remanded several claims for increased ratings and service connection, including those related to the Veteran's bilateral shoulder, elbow, cervical spine, thoracolumbar spine, hip, knee, ankle disorders, sinusitis, TBI, tension headaches, PTSD, and TDIU.

The Board has remanded the case due to need for additional medical examination and review of records.

The Veteran's service-connected tension headaches are currently rated as 30 percent disabling from July 13, 2015. The Board finds that the evidence does not support a higher rating for this condition.,The Veteran's service-connected generalized anxiety disorder with insomnia is currently rated as 50 percent disabling. The Board finds that the evidence supports an increased rating to 70 percent.

The Veteran's migraine headaches have been rated at 50% since the appeal period began, and he is granted a higher rating. The TDIU claim was remanded for further development.

The Board has determined that there are missing, pertinent records that must be obtained prior to making an informed decision regarding the service connection claims. These records include VA outpatient records from December 2001 to 2015 and any private treatment records related to the Veteran's claimed disabilities, particularly those from Mercy Hospital in the early 2000s.

The Veteran's hypertension and sinusitis have been granted service connection. The initial ratings for PTSD, post-concussive migraines, left knee osteoarthritis, right knee osteoarthritis, and lumbar spondylosis are remanded.,A new examination is needed to assess the severity of the Veteran's bilateral knee conditions and his lumbar spondylosis. The Veteran may also need a VR&E evaluation.

The Veteran's depressive disorder is granted as secondary to his service-connected migraine headaches and tinnitus. His migraine headaches are rated at 50% effective August 8, 2014. The claims for obstructive sleep apnea, back condition, left foot condition, right foot condition, and high blood pressure are remanded.

The Veteran's claim for service connection for tinnitus was granted, effective May 28, 2014. The other conditions were denied.

The Veteran's tinnitus claim is granted. The claims for left shoulder, hip, and leg disabilities, as well as sleep apnea and migraines are remanded due to insufficient medical opinions.

The Board has remanded the cases for further development due to inadequate examinations and incomplete information. The Veteran's right knee disability is rated at 10 percent, but he contends it is more severe. For TDIU, the Veteran needs to submit a formal application and provide his work history.

The Board found that the severance of service connection for headaches resulting from head trauma was proper due to clear and unmistakable error (CUE) in the November 2006 rating decision, as the evidence showed that all facial/head injuries leading to a claim for headaches were the result of injuries sustained while intoxicated.

The Veteran's petition to reopen claims for migraine headaches, skin disorder of the face, and other conditions were granted. The remaining issues related to back disability, stomach disability, asthma, diabetes, acquired psychiatric disorder, COPD, and irritable colon syndrome are remanded.

The Veteran's spinal and back condition was granted service connection. The Veteran's migraines were granted a 30 percent rating beginning May 15, 2013.