Migraines & headaches decisions — 2019

The Veteran's claims for increased evaluations and TDIU are being remanded due to the need for additional examinations to assess the current severity of his left hand fracture and migraine headaches.

The Veteran's service-connected migraine headaches associated with traumatic brain injury are rated at 30% prior to March 6, 2018 and denied for a higher rating. The Veteran's partial complex seizure disorder is rated at 40%, which is the maximum allowed under current criteria.

The Veteran's service connection claim for residuals, status post reduction mammoplasty (including breast numbness) is granted. The Board also remanded the claims for left wrist disability, low back disability, neck disability, and migraine headaches.

The Board has remanded the Veteran's claims for service connection due to outstanding VA treatment records and additional information. The Veteran will have an opportunity to provide these documents and respond to any new evidence.

The Veteran's claims for increased ratings and service connection were denied. The effective date request for migraine headaches was also denied.

The Board has remanded the claims for left knee disorder, left varicocele, epistaxis (claimed as nosebleeds), and migraine headaches due to insufficient examination opinions addressing the Veteran's lay evidence and medical records.

The Board has remanded the claims for diabetes mellitus, cardiac disorder, and headaches with dizziness due to inadequate opinions regarding the onset of these conditions during service.,The Board has also remanded the claim for TDIU as it is inextricably intertwined with the other service connection claims.,,

The Veteran's service-connected disabilities render him unable to secure or follow a substantially gainful occupation, and the Board has granted his claim for total disability rating based on individual unemployability (TDIU).

The Board has decided to remand the Veteran's claims for tension headaches and knee conditions due to insufficient evidence. The Veteran will need to provide more information about his treatment, and a new examination is required to assess the severity of his headache disability and the nature and etiology of any knee disabilities.

The Veteran's appeal involves two main issues: the propriety of reducing his migraine headaches disability rating from 50 percent to 10 percent effective May 2, 2017, and entitlement to an increased rating in excess of 10 percent for migraine headaches. The Board finds that both issues must be remanded due to the lack of a Statement of the Case addressing the propriety of the reduction.

The Board has remanded the case for a new VA examination to assess the severity of the Veteran's service-connected tension headaches. The effective date claim is denied as there is no evidence indicating a claim prior to November 4, 2016.

The Board has remanded the Veteran's claims for service connection due to outstanding VA treatment records and need for additional examinations. The issues include bilateral foot disability, degenerative disc disease of the lumbar spine, acquired psychiatric disabilities (including PTSD, depression, and anxiety), and a disability manifested as head pain.

The Veteran's acquired psychiatric disorder, specifically a depressive disorder, is granted as secondary to his service-connected Grave’s disease and headache disorder. The Veteran also meets the criteria for a TDIU due to his service-connected disabilities.

The Veteran's claims for service connection were denied. The claim for tinnitus was not reopened due to lack of new and material evidence, while the claims for a sleep disorder, psychiatric disorder (claimed as PTSD and unspecified anxiety disorder), and tension headaches were all denied based on insufficient evidence.

The Veteran's service-connected post-concussion syndrome other than headaches, chronic heartburn, and restrictive lung disease (post-traumatic stress disorder) have been granted. The Veteran's service connection for post-concussion migraine headaches has also been granted. However, the Veteran's service connection claim for sinus disability remains pending.

The Veteran's lumbar spine degenerative arthritis is granted service connection. The appeals for other conditions are dismissed due to withdrawal by the Veteran.

The Board has granted service connection for sleep apnea, hypertension as aggravated by sleep apnea, and migraine headaches secondary to sleep apnea. The issues of service connection for coronary artery disease and prostate disorder are stayed due to the Blue Water Navy Vietnam Veterans Act of 2019.

The Board has dismissed the appeal of service connection for sleep problems due to a withdrawal by the Veteran. The remaining issues of service connection for hepatitis B, chronic fatigue, heartburn and indigestion, and headaches are remanded.

The Veteran's service-connected conditions render him unable to obtain and sustain substantially gainful employment, warranting a TDIU.