Migraines & headaches decisions — 2020

The Veteran's claims for service connection for periodontal gum disease and hepatitis A have been denied. The Board has remanded the remaining issues due to insufficient evidence.,The Veteran was not granted service connection for his claimed psychiatric, heart, sleep apnea, neck, upper extremity radiculopathy, head injury residuals, skin disorder, ankle, or knee disabilities.

The Board has determined that additional development is needed for the issues of service connection and evaluation for various disabilities, including PTSD with panic attacks. The Veteran will be afforded VA examinations to address these claims.

The Board has remanded the Veteran's claims for migraine headaches, traumatic brain injury, degenerative arthritis of spine with intervertebral disc syndrome, and TDIU due to unclear records from Social Security Administration.

The Veteran's posttraumatic headaches are granted an initial rating of 50 percent. The service-connected dysthymic disorder, associated with TBI, is denied any increase in rating. Service connection for the right and left fifth cranial nerve paralyses, hearing loss, and low back disorder is granted.

The Board has remanded multiple issues for further development, including evaluations and service connection claims. The Vitamin D deficiency claim is denied as it does not constitute a disability for VA purposes.

The Board has remanded several service connection claims due to the need for further development and adjudication. The Veteran's claims for left ear hearing loss, sleep apnea, hypertension, headaches, colonic diverticula (claimed as abdominal pain), low back disability, right knee disability, left leg disability, right leg disability, right ankle disability, right foot disability, and kidney disability are all remanded.

The Board denied service connection for gallbladder removal, inguinal hernias, and headaches. Service connection was not granted for COPD due to lack of evidence.

The Board has remanded the Veteran's claims for additional review of new VA treatment records submitted since the last Statement of the Case. The issues include rating and service connection for various conditions, including a left knee disability, tinnitus, laceration of the right eye, skin rash (itching), headaches secondary to the laceration, vision loss, ischemic heart disease due to herbicide exposure, hypertension to include as secondary to herbicide exposure, sleep apnea to include as secondary to herbicide exposure, hyperechoic liver mass to include as secondary to herbicide exposure, posttraumatic stress disorder (PTSD), and hyperlipidemia.

The Veteran's OSA with asthma is rated at 50 percent, effective June 1, 2011. The Board denied a higher rating as the evidence did not show chronic respiratory failure or tracheostomy.,Gout was granted an initial 20 percent rating, effective June 1, 2011. The Veteran had at least four gout flares per year and his medication controlled his symptoms.,Migraines were denied a compensable rating as the evidence did not show prostrating attacks averaging one in two months over the last several months.,Right shoulder disability was granted a 30 percent rating effective March 26, 2019. The Veteran had limitation of motion at shoulder level and midway between side and shoulder level.,Bilateral upper extremity neurological disability was granted a 10 percent rating prior to March 26, 2019, but denied any higher rating thereafter.,Left upper extremity neurological disability was denied any higher rating.

The Veteran's claim for service connection for headaches has been reopened due to the submission of new and material evidence. The Board finds that there is no direct or secondary service connection for right and left leg disabilities.,Service connection cannot be established as the preponderance of the evidence does not support a finding that current right and/or left leg disabilities are proximately due to or the result of, or aggravated by, service-connected disability.

The Veteran's appeal for an increased rating for coronary artery disease was denied, and his claim for TDIU was also denied. The Board found that the Veteran did not meet the schedular criteria for a higher initial rating or TDIU based on service-connected disabilities.

The Veteran's cognitive disorder with recurrent major depression, paranoia, and PTSD is rated at 100 percent from January 11, 2010 to October 5, 2017.,SMC based on need for regular aid and attendance of another person was granted from January 11, 2010 to October 5, 2017.

The Veteran's claims for service connection for headaches, and increased ratings for left and right knee disabilities are being remanded due to insufficient medical opinions regarding the relationship between his current conditions and service.

The Board denied the Veteran's claim for a TDIU rating, finding that her service-connected disabilities did not prevent her from obtaining or maintaining substantially gainful employment prior to March 2015.

The Board has dismissed the appeal of the skin disorder claim due to withdrawal by the Veteran. The remaining claims for respiratory disorders, sleep apnea, headache disorder, acquired psychiatric disorder, and gout are remanded for further development.

The Board has decided to remand the case due to insufficient evidence regarding the severity of the Veteran's migraine headaches, and additional development is needed.

The Veteran's rectal bleeding is granted as service connected, and her migraine headaches are denied a higher rating.

The Board has remanded the claims of service connection for ischemic heart disease, posttraumatic stress disorder, stroke, headaches (secondary to a non-service-connected cervical spine disorder), and a cervical spine disorder due to incomplete development and lack of medical opinions addressing the Veteran's claimed conditions.

The Veteran's headaches have been rated at 10 percent since September 29, 2014. The Board has found the evidence insufficient to warrant a higher rating and has remanded for further development.

The Veteran's service-connected disabilities make him unable to secure or follow a substantially gainful occupation, warranting a TDIU.