Migraines & headaches decisions — 2020

The Board denied service connection for dizziness, headache disability, and right knee disability. The Veteran's claim for dizziness was denied due to lack of a current diagnosis or functional impairment associated with the condition. For headaches, there is no evidence of a chronic disease in service or post-service. Regarding the right knee, the Board found that the Veteran did not have a chronic disease shown in service and could not establish continuity of symptomatology since service.,The decision also noted that the Veteran's claim for hypertension was pending before the AOJ.

The Veteran's claims for service connection and increased ratings have been denied. The Board found no current diagnosis of hypertension, thus denying the claim. For other conditions, the evidence did not meet the criteria for higher ratings.

The Veteran's service-connected headaches were granted a rating of 50% prior to May 13, 2015 as secondary to his service-connected cervical spine disability. The decision also noted that the maximum schedular rating for migraines was assigned.

Service connection for headaches and bilateral upper extremity paresthesia has been granted.,The claim for diffuse musculoskeletal pain is being remanded.

The Veteran's claims for service connection for chronic headache disability, entitlement to an earlier effective date for the grant of service connection for cardiomegaly, and service connection for bilateral eye disability have been dismissed. The Veteran also withdrew his claims for service connection for dizziness, service connection for left ear hearing loss, and service connection for a respiratory disability.

The Veteran's effective date for a 50 percent rating for headaches with vertigo is granted, but the earlier effective date claim for PTSD remains pending and remanded.,An earlier effective date for the higher PTSD rating is also pending and requires further review.

The Veteran's headaches have been rated at 50 percent since September 30, 2009. The Board found the evidence to be in equipoise regarding whether the headaches are capable of producing severe economic inadaptability, warranting a 50% rating.

The Board has determined that the Veteran does not have a current right leg disability, and therefore denied her claim for service connection. The other issues are remanded for further examination and opinion.

The Veteran's tension headaches were found to not meet the criteria for a compensable rating due to insufficient evidence of characteristic prostrating attacks averaging one in two months over the last several months.

The Board has granted service connection for a low back disability and migraine headaches, finding that the evidence is at least in equipoise as to whether these conditions are related to active service.

The Veteran's PTSD is rated at 30 percent, but a higher rating is not warranted.,Bilateral hearing loss and tinnitus are not service-connected.,Headaches are not service-connected.,Thyroid disability is not service-connected.,PTSD is rated based on its current symptoms.

The Veteran's degenerative arthritis of the lumbar spine has not resulted in forward flexion to less than 30 degrees or favorable ankylosis, so a higher rating is denied.,The Veteran's migraine headaches have been restored from noncompensable to 50% effective April 23, 2019.

The Veteran has withdrawn his appeals on all the issues, including service connection for heart disorder and prostate disorder, as well as evaluations for various injuries and conditions. As a result, these appeals are dismissed.

The Veteran's claims for increased ratings and service connection were denied. The claim for a temporary total rating due to convalescence was also denied, as the surgery did not require at least one month of convalescence. The hypertension claim resulted in a 20% evaluation from February 10, 2006 to April 21, 2018 and a denial for higher ratings thereafter. Migraine headaches were found not to meet criteria for a rating in excess of 30%. TMJ was denied a compensable evaluation. Right and left Achilles tendonitis and right healed metatarsal stress fracture with metatarsalgia were each denied evaluations in excess of 20%. Left knee strain was also denied an evaluation in excess of 10%. Service connection for screw and dental implant, as well as bilateral hearing loss disability, was not reopened.

The Board has granted service connection for migraine headaches, finding that the Veteran's current condition is at least as likely as not related to his active duty service. The decision is based on direct causation rather than any presumptive or secondary theory.

The Veteran's service-connected migraine headaches associated with residuals, TBI are granted a 30% rating. The right knee disability is denied as secondary to the left knee meniscal tear.

The Board has remanded the case due to insufficient medical opinions regarding whether the Veteran's current conditions are related to his in-service head injuries. Additional development, including obtaining updated VA treatment records and a new medical opinion, is required.

The Veteran's initial evaluations for migraine headaches and GERD have been granted. The Veteran is now assigned a 30 percent evaluation for migraine headaches prior to June 1, 2015, and a 10 percent evaluation for GERD since February 21, 2020.

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

The Board has found that the Veteran does not have a bilateral hearing loss disability for VA purposes. The left shoulder, right wrist, lumbar spine, and right hand disabilities are remanded due to inadequate examination reports. The gastrointestinal disability is also remanded as it may be related to medication prescribed for other service-connected conditions.