Migraines & headaches decisions — 2019

The Veteran's TDIU claim from February 3, 2015 is granted. The Board finds that the Veteran is unable to maintain substantially gainful employment due to service-connected disabilities and remands for further examination on issues of service connection.

The Board denied service connection for migraine headaches, finding that the Veteran's current headache disability did not manifest during service and is not due to an in-service event or disease. The Board also found that it was less likely than not caused by his service-connected tinnitus.

The Veteran's effective date for a 50% disability rating for service-connected migraine headaches is set to September 28, 2017. The Board found that the increase in severity of his condition occurred prior to this date.

The Board has determined that the Veteran's current headaches are at least as likely as not related to his in-service aggravation of a prior headache condition, and thus service connection for headaches is granted.

The Board has determined that the Veteran's current headaches are at least as likely as not related to his in-service aggravation of a prior headache condition, and thus service connection for headaches is granted.

The Veteran's service-connected disabilities do not preclude him from securing and following a substantially gainful occupation, but he is entitled to TDIU benefits effective November 22, 2017.

The Veteran's appeal has been dismissed due to his death, and the issues have also become moot.

The Veteran's appeal for an initial disability rating in excess of 10 percent for tinnitus was dismissed due to the appellant's withdrawal.,Service connection was denied for cervical, low back, and right knee disabilities. The Veteran did not have TBI or a vision problem at any time during the pendency of the claim.

The Veteran's left great toe hallux valgus is currently rated at 10 percent, the maximum rating available.,Prior to December 17, 2018, the Veteran’s bilateral plantar fasciitis with pes planus and metatarsalgia was rated at 30 percent. Beginning December 17, 2018, a higher rating is not warranted as the maximum schedular rating of 50 percent has been assigned.,Prior to December 17, 2018, the Veteran's tension headaches were rated noncompensable. As of December 17, 2018, a 50 percent rating was granted for very frequent completely prostrating and prolonged attacks productive of severe economic inadaptability.,The maximum schedular ratings have been assigned for all conditions.

The Veteran's service-connected disabilities prevent him from performing physical labor and office-type work since at least August 12, 2013. The Board has determined that the criteria for a TDIU have been met since at least August 12, 2013.

The Board has determined that the Veteran's migraine headaches began during her military service and have continued since then, granting her claim for service connection.

The Veteran's claims for increased ratings for migraine headaches and TDIU are being remanded due to the need for additional medical examination.

The Veteran's service-connected tension headaches are being remanded for a VA examination to assess the current severity and manifestations of his condition.

The Board has determined that the Veteran's request for vocational rehabilitation and employment benefits, including pursuit of a Juris Doctor (J.D.), is not supported by evidence in his file. The AOJ must ensure all relevant documents are obtained and associated with the claims file, obtain any outstanding VA treatment records, and contact the Veteran to gather additional information regarding his attempts at employment. A vocational rehabilitation evaluation should then be conducted to determine if the Veteran's proposed change of goal is feasible.

Service connection for TBI and sleep apnea, as well as headaches and GERD, is denied.,The Veteran's service-connected conditions do not meet the criteria for increased ratings.

The Veteran's claims for service connection are remanded due to the need for additional examinations and opinions regarding the etiology of his claimed conditions, particularly those related to bilateral ankles, knees, hips, lumbar spine, cervical spine, right ankle condition, left ankle condition, right knee condition, left knee condition, right hip condition, left hip condition, and sleep apnea. The claims are also remanded for increased evaluations.

The Board has decided that the Veteran's claims of service connection for right ear hearing loss, hypertension, a low back condition, and headaches should be remanded due to potential missing VA treatment records.

The Veteran's claims for service connection for left knee and left ankle disorders, tinnitus, migraine headaches, and cervical spine disability have been granted.,New evidence has reopened the Veteran's previously denied claims of service connection for these conditions.

The Veteran's headaches are granted as secondary to his service-connected PTSD, low back disability, and tinnitus. The Veteran's chronic fatigue syndrome is denied.

The Veteran's claim for service connection for a skin rash was denied as there is no competent evidence of a current disability.,For the period prior to March 25, 2010, the Veteran's lumbar spine disability did not meet the criteria for an increased rating beyond 10 percent.,Since March 25, 2010, the Veteran's lumbar spine disability did not meet the criteria for an increased rating beyond 40 percent.,The initial increased rating of 20 percent prior to March 25, 2010, for left shoulder disability was granted.,Since March 25, 2010, the Veteran's left shoulder disability did not meet the criteria for an increased rating beyond 30 percent.,The initial increased rating of 70 percent for PTSD throughout the appeal period was granted.,The initial increased rating of 50 percent for tension headaches was granted.