Migraines & headaches decisions — 2020

The Board has determined that the Veteran's claim for service connection of tension headaches requires additional examination and review. The effective date issue remains pending.

The Board has granted an effective date of January 24, 2014 for a 50% disability rating for migraines. The Veteran's claim was denied for a compensable initial rating prior to this date.

The Board has granted service connection for low back disability, right hip disability, and right ankle disability. The remaining issues of service connection have been remanded.

The Veteran's appeal is remanded for further development, including obtaining VA treatment records and scheduling examinations to assess the severity of her service-connected disabilities. The claims for specially adapted housing and special home adaptation grants are also remanded.

The Board denied the Veteran's request for an earlier effective date prior to February 20, 2019, for a 50 percent disability rating for service-connected migraine headaches. The decision found that there was no evidence of an earlier claim or factual ascertainability of increased disability in the year prior to her intent to file.

The Veteran's effective date for Dependents' Educational Assistance (DEA) benefits is denied as it was granted on June 27, 2017.,An increased rating for TBI residuals with cognitive and sleep disorders (post-concussion disorder) is denied as the evidence does not show a factually ascertainable increase in disability within one year prior to the date of his claim.

The Board denied the Veteran's claims for initial compensable ratings for migraine headaches and allergic rhinitis, finding that the evidence did not meet the criteria for a higher rating under the applicable diagnostic codes.

The Veteran's claims for increased ratings for migraine headaches and chronic sinusitis are dismissed as the AOJ has not issued a final rating decision regarding these issues.,Service connection is granted for an acquired psychiatric disorder, including major depressive disorder and other specified trauma and stressor-related disorder. Service connection for PTSD is denied.

The Board has granted service connection for tinnitus. Service connection for headaches, claimed as secondary to tinnitus, is remanded due to inadequate medical opinion.

The Veteran's migraine headaches are rated at 50 percent, the highest available under DC 8100, due to their impact on her ability to work and the frequency of her attacks.

The Veteran's claims for increased ratings for his service-connected middle finger disability, migraine headaches, and asthma are being remanded due to the need for additional development of VA treatment records.

The Veteran's migraines are rated at 50% effective November 4, 2014. The reduction of his TBI rating from 40% to 10% is granted as proper. A rating in excess of 40% for his TBI residuals is denied.

The claim for service connection for GERD is denied as there is no direct evidence linking the condition to active duty. The Veteran's current GERD is not secondary to or aggravated by his use of NSAIDs for his service-connected musculoskeletal conditions.,The claim for service connection for headaches is denied as there is no direct evidence linking the condition to a service-connected disability. The Veteran's current headaches are not caused by or aggravated by his service-connected mental disabilities.

The Veteran's service-connected disabilities do not preclude him from securing and following substantially gainful employment. The Board denied the claim for a total disability rating based upon individual unemployability due to service-connected disabilities (TDIU).

The Veteran's appeal for an increased initial rating for migraine headaches has been dismissed. The Board has also remanded the issue of service connection for a traumatic brain injury (TBI).

The Board has decided to remand the Veteran's claim for an increased rating for his service-connected headache disorder due to inadequate examination reports and a need for additional medical opinion.

The Board has remanded the case due to insufficient evidence regarding whether the Veteran's migraine headaches are service-connected or secondary to his PTSD.

The Board has determined that the Veteran requires regular aid and attendance due to his service-connected disabilities, including sleep apnea, adjustment disorder with mixed emotional features, left knee arthritis, right shoulder arthritis, lumbar spine strain, cervical spine strain, hiatal hernia, left elbow dislocation, hypertension, hemorrhoids, post laceration of the right thigh with residual scar, and right shoulder surgical scar associated with right shoulder arthritis. As a result, special monthly compensation based on aid and attendance is granted.

The Veteran's service-connected TBI is found to cause his obstructive sleep apnea, acquired psychiatric disorder (including anxiety and bipolar disorders), migraines, tinnitus, and ED. Effective dates are granted for these conditions starting from October 5, 2016.

The Board has remanded the Veteran's claims for service connection due to insufficient evidence regarding the onset and etiology of his claimed disabilities, particularly those related to his military service.