Migraines & headaches decisions — 2020

The Veteran's service-connected undiagnosed skin disorder, manifested by skin flushing, was granted. The issues of increased ratings for generalized anxiety disorder and tension-type headaches, as well as the cervical strain with degenerative disc disease prior to January 28, 2020, and patellofemoral syndrome of the left knee with osteoarthritis remain pending.

The Board has determined that a new VA examination is needed for the Veteran's right ear hearing loss, left ear hearing loss, migraine headaches, and acquired psychiatric disorder due to complaints of worsening symptoms since her last examinations. The appeal will be remanded for these purposes.

The Veteran's appeal for an evaluation in excess of 30 percent for migraine headaches has been dismissed due to his withdrawal of the appeal.

The Veteran's migraine headaches are found to have onset during service and granted service connection. Service connection is denied for bilateral pes planus, left ankle sprain, left hip bursitis, and right hip impingement.

The Veteran's appeal for a higher disability rating for anemia with headaches was dismissed due to the death of the Veteran during the pendency of the appeal.

The Board has remanded the Veteran's claims for diabetes mellitus, GERD, cholecystectomy, sleep apnea, ulcerative colitis status post colon removal, and migraine headaches due to incomplete evidence. The RO is instructed to obtain additional VA treatment records, identify any outstanding private medical records, and request addendum opinions from a VA examiner regarding the Veteran's service connection claims.

The Veteran's claim for service connection for sleep apnea is denied as there is no current diagnosis of the condition.,The Veteran's claim for service connection for dizziness (secondary to migraines) is denied as there is no current diagnosis of a separate dizziness condition.

The Board has remanded the claims for service connection for migraine headaches and sinusitis due to inadequate examination reports. The asthma claim is denied as there is no current diagnosis of sciatica or asthma, and the Veteran does not meet criteria for increased ratings.

The Board has granted service connection for headaches and sleep apnea, finding that the Veteran's symptoms began during his military service.

The Veteran's appeals for service connection were dismissed due to his death. The Board had no jurisdiction to adjudicate the merits of these claims as he died during the appeal process.

The petition to reopen the previously denied claims for tinnitus, bilateral hearing loss, allergic rhinitis, asthma, and headaches is granted. The claim for GERD remains pending as it was remanded.

The Board has determined that there is no evidence of a current respiratory disorder, obstructive sleep apnea, sinusitis, nerve condition, or headaches related to service. The Veteran's prostate cancer and hypertension are also not linked to his exposure to mustard gas, herbicide agents, or other chemicals.

The Veteran's appeal for an increased rating for headaches and a higher initial rating for psychomotor epilepsy prior to October 31, 2016 is denied. The Veteran's claim of entitlement to earlier effective dates for service connection due to CUE in the February 1995 rating decision is remanded.

The Board has decided that the Veteran does not have a current diagnosis of sleep apnea and must reconsider his claim for service connection for headache disorder. The reduction in rating for bilateral hearing loss is void ab initio due to lack of proper procedural steps, and an effective date prior to July 31, 2017 for the grant of service connection for bilateral hearing loss has been granted.

The Veteran's headache disability is rated at 50% for the period prior to May 10, 2020. The Board also granted a TDIU effective from December 13, 2019.

The Veteran's headaches are rated at a 30 percent rating prior to October 4, 2019, and the Board finds that this is appropriate given his characteristic prostrating attacks occurring on an average once a month. From October 4, 2019, the Veteran’s headaches do not meet the criteria for a higher 50 percent rating as there is no evidence of very frequent completely prostrating and prolonged attacks productive of severe economic inadaptability.

The Veteran's initial rating for migraine headaches was granted at a 30 percent level prior to April 22, 2019. The Board found that the evidence supported this rating based on the Veteran's reported symptoms and medical findings. A higher rating is not warranted as of April 22, 2019.

The Board has decided to remand the claims of service connection for bilateral hearing loss, fibrous dysplasia of the left nasal cavity, and headaches due to additional development being required.

The Veteran's right-sided headaches are currently rated at 30 percent prior to April 4, 2018 and 50 percent thereafter. The Board found the evidence insufficient to warrant a rating in excess of 30 percent for the period prior to April 4, 2018.,The Veteran's service connection claims for cervicalgia condition, insomnia (secondary to service-connected disabilities), prostate cancer, and TDIU are remanded.

The Board dismissed the appeals for an initial rating in excess of 50 percent for headaches and earlier effective dates for an initial 50 percent rating for headaches and an initial 30 percent rating for upper respiratory infections with sinusitis because they arose from a final October 2018 decision that implemented an October 2018 Board decision.