Migraines & headaches decisions — 2019

The Veteran's migraine headaches are currently rated at 30 percent, but the Board has found that they meet the criteria for a 50 percent rating.,The Veteran's unspecified depressive disorder with anxious distress is currently rated at 50 percent. The Board has determined that it does not warrant a higher rating.

The Veteran's migraine headaches are found to have had their onset during active service, and the Board grants service connection for this condition. The Veteran's right thigh impairment and limitation of rotation remain rated at 10 percent.

The Veteran's cause of death was not service-connected, and his DIC benefits claim under 38 U.S.C. § 1151 was denied.

The Board denied the Veteran's appeals regarding the timeliness of her notices of disagreement (NODs) for service connection claims, including those for migraines, low back condition, right knee disability, and left knee disability. The appeal was dismissed as she did not timely file NODs.

The Veteran's migraine headaches are currently rated as noncompensable, and the Board finds no basis to grant a higher rating.,The Veteran's left elbow lateral epicondylitis is currently rated at 10 percent. The Board finds no basis to grant a higher rating.

The Veteran's claims for service connection for kidney disability and bilateral pes planus of the feet have been dismissed. The remaining issues, including those related to gastrointestinal and respiratory disabilities, are remanded.

The Veteran's service connection claims for tension headaches, low back condition, chronic right shoulder condition, bilateral big toe condition, and right ankle disability are all granted. The claim for asthma is denied.

The Board has reopened the Veteran's claims for service connection for low back pain, chronic laryngitis, and obstructive sleep apnea. The appeals are remanded due to the need for additional development including obtaining medical records and VA examinations.

The Board has remanded the case due to inadequate examination and a request for a new one. The Veteran's headache condition is currently rated as noncompensable.

The Veteran's claim for a higher initial rating for right knee instability is denied as the evidence does not more nearly approximate moderate recurrent instability or subluxation. The issue of entitlement to TDIU due to service-connected disability is granted, subject to controlling regulations governing the payment of monetary awards.

The Veteran's initial compensable disability rating for a service-connected headache disability is remanded due to inconsistencies between the February 2015 VA examination and the September 2019 testimony regarding the frequency and severity of his headaches. The case will be remanded for an additional VA examination.

The Veteran's service-connected headaches resulted in very frequent episodes of prostrating attacks resulting in severe economic inadaptability prior to May 29, 2012. The claim for an increased rating is granted with a disability rating of 50 percent.

Service connection is granted for tinnitus, onychomycosis and tinea pedis.,The Veteran's headaches and neck disorder are remanded as they may be related to his claimed pseudo tumor celebri and upper extremity radiculopathy.

The Veteran's appeals for service connection on multiple conditions have been dismissed. The Board did not address the merits of these claims, but rather found that the Veteran withdrew his appeal as to all issues related to a rash, tonsillitis, dysuria, coagulase, dyspnea, gastroenteritis, myalgia, residuals of a right elbow fracture, costochondritis, and hearing loss. The appeals for service connection on tinnitus, back disability, headache disability, residuals of a head injury, vertigo, and eye disability are remanded.

The Veteran's hypertension, TBI residuals, migraine headaches, eye disability, left foot ganglion cyst residuals, and broken nose residuals are all denied as not related to service.

The Board has remanded the issues of service connection for degenerative disk and joint disease of the lumbosacral spine and headaches due to inadequate reasons and bases, including failure to address whether VA should obtain additional medical evidence or opinions.

The Veteran's claim for a 10 percent rating for DDD lumbar spine, L5-S1 is granted. The claim for a compensable evaluation for left varicocele remains pending and will be remanded. The Veteran's claim for service connection for headaches is also remanded.

The Board denied service connection for headache syndrome and L5-S1 degenerative disc disease (lumbar spine DDD) as the evidence did not show a link between these conditions and active duty service.,There was no evidence of chronicity or continuity of symptoms after service, and the Veteran's current diagnoses were found to be unrelated to his military service.

The Board has reopened the Veteran's claims for service connection for headaches and remanded the issues of service connection for rheumatoid arthritis and memory loss. The Veteran's claim for service connection for headaches is granted, while his claims for rheumatoid arthritis and memory loss are denied due to lack of current disability.

The Veteran's headache disability is remanded for a VA examiner to provide an opinion on whether it is at least as likely as not caused or aggravated by his service-connected tinnitus.