Migraines & headaches decisions — 2020

The Board has decided to remand the case due to an inadequate VA medical opinion regarding service connection for migraines. The Veteran's migraines are currently being considered on a direct and secondary basis, but the current opinion does not address these theories.

The Veteran's tinnitus is granted service connection, but his hyperlipidemia (high cholesterol) and other conditions are denied. The Board has remanded for further review of the remaining issues.

The Veteran's claims for increased ratings for migraine headaches, degenerative disc disease of the lumbar spine, and PTSD have been denied. The Veteran was granted a TDIU effective October 1, 2018.,The Board found that the Veteran did not meet the criteria for a disability rating in excess of 30 percent for migraine headaches or 40 percent for degenerative disc disease of the lumbar spine due to failure to report for scheduled VA examinations. The Veteran's PTSD was rated as 70 percent disabling, but denied an increased rating.

The Board has found clear and unmistakable error in prior decisions regarding the Veteran's service connection claims, and has ordered a remand for further development. The issues of effective dates are now before the RO.

The Veteran's service-connected major depressive disorder and headaches are rated at 70 percent combined, qualifying her for TDIU benefits. The Board granted the claim of entitlement to a total disability rating based on individual unemployability (TDIU) due to her service-connected disabilities.

The Board has remanded the cases due to errors in their previous decisions, including not considering whether the Veteran's headaches are related to his service and left ear surgery. The Veteran is required to be examined for both conditions.

The Veteran's TDIU claim is granted since April 6, 2020. The hearing loss and perforated eardrum claims are remanded for further development.

The Veteran's claims for service connection have been remanded due to the need for additional medical opinions and treatment records.,An effective date prior to January 2, 2016, is denied for all awards of service connection.

The Board has remanded the claims for migraine headaches, low back disability, and acquired psychiatric disorder due to inadequate examination reports and failure to comply with previous remand instructions.

The Board has granted a 50 percent rating for service-connected migraine headaches effective June 4, 2013. Prior to that date, the Veteran was rated at 30 percent.

The Veteran's service-connected disabilities, including PTSD and headaches, rendered him unable to secure or maintain any substantially gainful occupation beginning June 27, 2012.

The Veteran's cervical spine disability is granted, and the claims for other conditions are remanded.

The Board has remanded the claims of service connection for sleep apnea, hypertension, GERD and migraine headaches as secondary to PTSD due to a new theory of entitlement raised by the Veteran's attorney.

The Veteran's migraine headaches, sinusitis, right elbow disability, left foot disability, gastroesophageal condition (gastritis), left hip disability, and right shoulder disability are all found to be related to his active duty service.

The Veteran was granted a 30 percent rating for headaches prior to June 30, 2016.,However, the Veteran's PTSD claim was denied as his symptoms did not meet the criteria for a higher disability rating.

The Veteran's claim for an earlier effective date for the increased rating of 20 percent for bilateral hearing loss is denied. The Veteran's claim for a higher initial rating for headaches is granted, but not with an earlier effective date.

The Board has remanded the claims for headaches, obstructive sleep apnea, acquired psychiatric disability (including PTSD with sleep disorder), degenerative arthritis of the thoracolumbar spine, and a nerve disability due to additional development being required.

The Board has remanded the Veteran's claims for service connection due to issues related to his psychiatric disorder, ACoA aneurysm status post craniotomy, cognitive deficits and dementia, headaches, and obstructive sleep apnea. The AOJ is instructed to obtain additional in-service records and provide medical opinions regarding the onset and etiology of these conditions.

The Board is unable to make a decision on the service connection claims for kidney stone disease and migraine headaches due to incomplete medical records. The Veteran's Social Security Administration (SSA) disability award letter lists chronic kidney stones and chronic headaches as severe impairments, but the associated medical records are not in the VA record. The Board must obtain these SSA records before deciding whether new evidence has been received to reopen the claims.

The Veteran's MDD was granted an initial rating of 70 percent, effective December 19, 2012.,The Veteran's headaches were denied a higher than 30 percent rating.