Migraines & headaches decisions — 2020

The Veteran's service-connected disabilities have met the threshold schedular criteria for a TDIU prior to April 5, 2019. However, he has been able to secure and follow substantially gainful employment during this period.

The Veteran's increased evaluations for headaches and right thumb fracture were denied by the Board.,For headaches, the Veteran was found to have migraines with characteristic prostrating attacks occurring on average once a month, warranting a 30% rating under DC 8100.

The Board has remanded the case due to insufficient evidence regarding whether the Veteran's claimed disabilities are related to his service-connected bilateral hearing loss and tinnitus, or if they were caused by the September 2000 tympanoplasty and post-operative care. The Veteran is asked to provide a statement about the nature of his disabilities and for a supplemental opinion from the VA examiner.

The Board has remanded the claims for service connection due to in-service exposure to radiation, as the Court found that the Board did not obtain relevant service records and failed to comply with its duty to assist. The Veteran's claims are now pending again.

The Board has denied the Veteran's claims of service connection for bilateral hand numbness, left ankle strain with instability, sinusitis, migraine headaches, and a heart condition with chest pain. The evidence does not support a finding that these conditions began during active service or are otherwise related to an in-service injury or disease.

The Board has remanded the Veteran's claim for service connection for headaches, also claimed as migraines, due to insufficient examination and lack of consideration of relevant medical treatise information.

The Veteran's service connection claims for a brain tumor and headache disorder have been denied as there is no direct evidence linking these conditions to his military service, including herbicide exposure.

The Board has granted service connection for sinusitis, meningitis to include as secondary to sinusitis, and encephalopathy to include as secondary to sinusitis. The remaining claims of service connection are remanded due to the possibility that they may be related to the Veteran's service-connected meningitis.

The Veteran's cochlear hyperacusis is related to his military service and the claim for service connection is granted. The remaining issues are remanded for further development.

The Board has found that the VA examinations did not substantially comply with the May 2019 remand directives and for a duty to assist error. The claims are being remanded for new VA medical opinions to determine the etiology of the Veteran's claimed migraines, lower back, left knee and left foot disabilities in light of the particular circumstances of the in-service motor vehicle accident described by the Veteran as well as other documented instances of lower back injury.

The Veteran's TDIU claim is remanded due to the need for additional development, including referral to VA’s Director of Compensation and Pension service for consideration under 38 C.F.R. § 4.16.

The Veteran withdrew his appeals for service connection and initial rating for low back, left knee, right knee, and headache disabilities before the Board could make a decision.

The Board has remanded the claims for service connection for sleep apnea, acquired psychiatric disorder other than PTSD, headaches, and left ring finger injury due to incomplete development. The Veteran's claim of CUE in the March 2015 rating decision is denied.

The Board has remanded the claims for service connection for radiculopathy of bilateral lower extremities, left knee condition, and headaches due to inadequate attempts to schedule VA examinations.

The Veteran's claim for service connection for high cholesterol is denied as it is not a disability for which VA benefits can be awarded.,Service connection for headaches secondary to the service-connected coronary artery disease is granted. The Veteran was also granted TDIU effective June 15, 2017.

The Veteran's migraine headaches are rated at a maximum of 50 percent, effective July 22, 2010. The Board has remanded the case for additional development regarding neck pain and TDIU.

The Veteran's claim for service connection for a left hand condition is denied as the evidence does not support a finding that his current condition is related to service.,Service connection for a disability characterized as muscle pain is also denied, as there is no medical evidence of such a condition during or after service.,The Board has remanded the Veteran's claims for service connection for headaches and low back condition due to insufficient development in previous opinions.,The Veteran's claim for service connection for his low back condition remains pending.

The Veteran's claims for increased ratings and service connection were denied. The Board found that the Veteran did not meet the criteria for higher ratings under the applicable diagnostic codes, and his service connection claims were granted based on direct evidence of a nexus to service.

The Veteran's service-connected migraines have rendered him unemployable since September 2005, and the Board has granted a TDIU rating effective from September 8, 2005.