Migraines & headaches decisions — 2020

The Board has granted service connection for the cause of the Veteran's death, finding that his service-connected right zygomatic fracture led to the development of clinical depression, which contributed substantially and materially to his death by asphyxiation.

The Veteran's TBI residuals have been evaluated at a 10 percent rating, and the Board has remanded both issues for further development.

The Veteran's claim for a higher rating for tinnitus is denied as the disability already has the maximum permissible schedular rating.,Service connection for hearing loss is denied because there is no current evidence of a ratable hearing loss disability according to VA standards.,An effective date earlier than December 6, 2011 for the grant of service connection for tinnitus is denied as the Veteran did not submit a claim until that date.,The Veteran's right-hand condition is currently rated at the maximum allowed and no higher rating is granted.,Service connection for a left-hand condition, mental condition, headaches, or hepatitis is denied based on lack of evidence supporting these conditions during service or since then.,Headaches are not service-connected.,Hepatitis is not service-connected.

The Board has remanded the claims for service connection due to inadequate reasons and bases in previous decisions, requiring additional examinations and opinions.

The Veteran's TDIU claim was granted from April 19, 2016 due to his service-connected disabilities. The decision also noted that the grant of TDIU did not affect the effective date of special monthly compensation (SMC).

The Board has remanded the Veteran's claims for service connection for allergies (other than allergic rhinitis), chronic headaches, and a TDIU rating. The AOJ is required to obtain all relevant medical records from Atlanta Medical Center and Henry Allergy and Asthma Associates. Additionally, the AOJ must schedule a VA examination to determine if any neuropathy of the left lower extremity is related to her service-connected lumbar spine disability.

The Board has remanded the claim for service connection of a headache condition, as secondary to the Veteran's service-connected depressive disorder. The VA examiner’s opinion was inadequate and did not consider the Veteran's lay statements regarding his symptoms.

The Veteran's migraine headaches, low back disability, left knee disability, and PTSD have been granted. The effective date for the increased ratings is not specified as it was determined that an earlier effective date would be inappropriate.

The Veteran's tinea versicolor, affecting 20 to 40 percent of exposed body area, is granted a 30 percent initial rating from August 1, 2012. Other service connection claims are denied.

The Board has determined that the VA examination provided is inadequate and requires further development, including obtaining an addendum opinion from a clinician to address the nature and etiology of the Veteran's headache disability.

The Board denied the Veteran's claim for service connection for headaches, finding that there is no evidence of a chronic disability manifested during or within one year after service. The Board also found that the Veteran's current headache condition does not meet the criteria for presumptive service connection due to Gulf War exposure.

The Board has decided to remand the Veteran's claims for recurrent headaches and bilateral hand paresthesia due to insufficient evidence. The Veteran needs to provide additional medical records, including documentation related to his headaches from a VA examination.

The Veteran's headaches are found to be secondary to his service-connected tinnitus, and the Board has granted this claim.

The Veteran's service-connected migraine headaches are granted a disability rating of 30 percent, which is the maximum available under Diagnostic Code 8100. The right ankle sprain and gastrointestinal disability (Barret’s Esophagus, stomach indigestion, and GERD) have been granted service connection. Service connection for sleep apnea has also been granted.

The Veteran's migraine headache condition is rated at 50 percent for the period prior to August 14, 2019. For the period from August 14, 2019 onwards, a rating in excess of 50 percent is denied.,A 50 percent disability rating has been granted for migraine headaches for the period on appeal prior to August 14, 2019.

The Veteran's claims for residuals of broken left finger, left hernia, status post repair, headaches, right knee disability and right shoulder disability are all denied.,Service connection is not granted for any of the claimed conditions as there is no evidence showing a current disability or link to service.

The Veteran's claims for increased ratings for migraine headaches and an acquired psychiatric disability (including PTSD, adjustment disorder with depressed mood, poly-substance use disorder, and traumatic brain injury) have been denied because the Veteran failed to report for scheduled VA examinations in 2019 without providing good cause.

The Board has remanded the Veteran's claims for additional development due to incomplete records and a need for VA examinations. The issues include service connection for various disabilities, with some related to an in-service fall.

The Veteran's claims for increased ratings for migraines and hypertension are being remanded due to a duty-to-assist error. The AOJ is required to obtain SSA disability records related to the Veteran’s migraine headaches and hypertension.

The Board has remanded the case for further development and an addendum medical opinion regarding service connection for concussion with residual headaches. The claim for refractive error is denied as there is no current disability other than refractive error.