Migraines & headaches decisions — 2019

The Board has remanded the case due to a need for additional development and review of updated VA treatment records, as well as readjudication of the issue of an increased rating for migraine headaches secondary to service-connected traumatic brain injury.

The Veteran's headache syndromes, which manifested as very frequent, completely prostrating and prolonged attacks productive of severe economic inadaptability, were granted a disability rating of 50 percent effective January 6, 2011.

The Board has remanded the Veteran's claims for further development due to incomplete records, specifically those from Dr. B.W. at South AR Clinic.

The Veteran's neuralgia of the sciatic nerve in the left lower extremity is granted a 20 percent rating. The Board also grants entitlement to a disability rating in excess of 10 percent for chondromalacia of the right knee, entitlement to a disability rating in excess of 10 percent for chondromalacia of the left knee, and remands the claim of entitlement to service connection for a cervical spine disability. The Veteran's headaches with lightheadedness are granted a compensable evaluation.

The Board has remanded the cases due to failure to comply with previous remand instructions, including scheduling of VA examinations for right eye disability, headaches, and back disability. The Veteran was not properly notified of these examinations.

The Veteran's thoracolumbar spine disability is currently rated at 40 percent from October 9, 2012 to September 12, 2016. The Board has remanded the issues of increased ratings for his lower extremity radiculopathy and left knee disability, as well as service connection for residuals of a head injury.

The Veteran's claim for service connection for pelvic obliquity and headaches has been denied. The Board found that the Veteran does not have a current disability of pelvic obliquity, and there is no evidence to support the Veteran’s assertion of an in-service injury or disease related to this condition. For headaches, while the Veteran had a history of head injuries during service, the VA examiner concluded that the current headache disability did not have its onset during service and was not caused by his service-connected neck disability.

The Board has remanded the case due to insufficient evidence regarding the current severity of the Veteran's post-concussive headaches and for obtaining updated VA treatment records. The Veteran is seeking increased ratings for his TBI and post-concussive headaches.

The Veteran's migraine headaches are rated at a 30 percent effective December 8, 2010. The Board found that the Veteran experienced more than one prostrating headache attack per month starting from December 8, 2010.

The Veteran's tinnitus was granted service connection. The remaining issues were remanded for further development.

The Veteran's claim for a higher rating for migraine headaches was denied as the available schedular evaluations were found adequate to describe his disability level and symptomatology.

The Veteran's initial compensable rating for residuals of TBI has been granted throughout the appeal period.

The Board has remanded the claims due to an incomplete record from Reynolds ACH for the period of 2003-2008, and the need to notify the Veteran and his representative if any requested records are unavailable.

The Veteran's right knee disability, including degenerative joint disease of the right knee, is granted as service-connected. Other conditions are denied.

The Veteran's appeals for increased evaluations and TDIU were withdrawn, resulting in the dismissal of these claims.

The Board has granted service connection for a lower back disability and allergic rhinitis, but has remanded the issues of service connection for prostate cancer and tension headaches, as well as the issue of a 10 percent disability rating for multiple noncompensable service-connected disabilities.

The Veteran's claim for an initial rating in excess of 50 percent for tension headaches was denied, and the effective date for service connection for tension headaches was also denied. The highest schedular rating under Diagnostic Code 8100 is 50 percent, which has been assigned since August 27, 2013.

The Board has remanded the case due to a duty-to-assist error, requiring further medical opinions on the nature and etiology of the Veteran's headache disorders.

The Veteran's claim for a rating of 50 percent for migraines and tension headaches is granted. The Veteran also receives entitlement to TDIU due to his service-connected disabilities.

The Veteran's claim for various equipment purchases and home modifications under the independent living plan through VA’s VR&E program is remanded due to incomplete documentation, lack of a Vocational Rehabilitation evaluation, and unavailability of certain records. The AOJ must ensure all relevant documents are obtained and associate them with the claims file.