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2,351 vetted Board decisions in 2021.
The Veteran's headaches are rated at a maximum of 50 percent, effective from the date of remand. The issue of entitlement to TDIU is also remanded for further development.
The Veteran's initial compensable evaluation for migraine headaches prior to September 2, 2010, and a rating in excess of 30 percent from September 2, 2010, to July 8, 2011, was denied.
The Veteran's service-connected PTSD, TBI residuals, and chronic headaches have prevented him from securing or following a substantially gainful occupation since October 31, 2011. The Board has granted an extraschedular Total Disability Rating based on Individual Unemployability (TDIU) for the period from October 31, 2011 to April 10, 2014.
The Veteran withdrew his appeals regarding hypertension, migraines, ischemic heart disease, and the increased rating for bilateral hearing loss.
The Veteran is granted TDIU effective June 5, 2014. The Board also referred the case for extraschedular consideration and instructed the RO to obtain the Veteran's employment history from December 1, 2005, through June 5, 2014.
The Board denied the Veteran's claim for service connection for headaches, finding that there was no evidence of a nexus between his current headache disability and his service or any service-connected condition. The Board concluded that the Veteran's headaches are more likely related to his cervical spine disability.
The Veteran's claim for a TDIU is being remanded due to lack of substantial compliance with the Board’s June 2017 remand directives and the need to obtain updated VA treatment records and conduct a combined effects VA medical opinion.
The Veteran's tinnitus is currently rated as 10 percent disabling, effective September 12, 2012. The claim for an increased rating must be denied based on a lack of entitlement under the law.,The Veteran filed his claim of entitlement to service connection for headaches more than one year after his separation from active service and years following the first complaints and/or treatment for headaches. An effective date prior to August 24, 2017, is not warranted as the claim was received in August 24, 2017.,The Veteran's erectile dysfunction, anxiety and mood disorder, and TBI disabilities are currently rated based on their severity under the applicable rating criteria. The claims for increased ratings remain in controversy as less than the maximum benefit available was awarded.,The Veteran has not been afforded a VA examination to determine if he has an eye disability (macular holes) due to his military service. A remand is required to schedule such an examination.,The Veteran's PTSD claim remains pending as there is conflicting evidence of record regarding whether the Veteran currently has PTSD. A new VA examination is needed to clarify this issue.,The Veteran's right shoulder disability, bilateral knee disabilities, cervical strain, and left lower lumbar radiculopathy are rated based on their severity under the applicable rating criteria. The claims for increased ratings remain in controversy as less than the maximum benefit available was awarded.,The Veteran's lumbosacral DDD, right calcaneal spurring, and left lower lumbar radiculopathy disabilities have not been evaluated since April 2019. A new VA examination is needed to evaluate these conditions based on their current severity.,The Veteran's headaches are currently rated as 50 percent disabling under DC 8100. The claim for an evaluation in excess of 50 percent remains pending and a remand is required to schedule the Veteran for a VA examination to assess his functional impairments, if any.,The Veteran has not been afforded a VA examination to determine whether he should be granted earlier effective dates prior to August 24, 2017. A new VA examination is needed to evaluate these issues based on their current severity.,The Veteran's nonservice-connected pension claim remains pending as the remanded issues could significantly impact this decision.
The Board denied service connection for migraine headaches, bilateral hearing loss, and tinnitus. The case is remanded for further development.
The Veteran's claims for increased ratings were denied. The Board found that the evidence did not support a higher rating for his muscle tension headaches prior to November 15, 2010 and from that date onwards. His wrist sprain, ankle disability, thoracic outlet syndrome of the right shoulder and neck, and residuals of a right knee injury status-post lysis of plica were all denied increased ratings.
The Veteran's migraine headaches are currently rated at 30 percent, effective August 31, 2015. The Board found that the evidence did not show very frequent completely prostrating and prolonged attacks productive of severe economic inadaptability to warrant a higher rating.
The Veteran's migraines are found to be causally or etiologically due to service, and the Board grants service connection for migraines.
The Veteran's migraines, cervical spine degenerative changes, thoracolumbar spine degenerative arthritis, left shoulder strain, right elbow epicondylitis, right knee patellofemoral syndrome, left knee patellofemoral pain syndrome, and right ankle strain have been granted higher initial disability ratings. The Veteran also received a 20 percent disability rating for left ankle degenerative changes, residual from left fibula fracture.
The Veteran's TDIU claim was denied as he does not meet the schedular criteria for an award of TDIU due to his service-connected disabilities, which include post-concussion syndrome with headaches, degenerative disc disease and lumbar strain, tinnitus, left knee patellofemoral syndrome, and radiculopathy of the right leg. The combined disability rating is 60 percent.
The Board has granted service connection for migraines, finding that the Veteran's headaches were chronic during service and warranting presumptive service connection.
The Veteran's initial disability rating for service-connected migraine headaches is being remanded due to inadequate examination findings. The Veteran reported having up to four migraines per month, but the VA examiner only found one prostrating attack every two months.
The Board has remanded the claims for low back disability, headaches, and PTSD due to insufficient evidence regarding the claimed in-service events.
The Veteran's headaches were granted a disability rating of 30 percent from September 1, 2003 to December 11, 2017. From December 12, 2017 to January 26, 2020, the Veteran was granted a higher disability rating of 50 percent for his headaches.
The Board has granted a rating of 50 percent for the Veteran's post-traumatic headache disability, finding that it causes very frequent completely prostrating and prolonged episodes productive of severe economic inadaptability.
The Veteran's initial 10 percent rating for right cranial neuropathy, nerve V is granted. The compensable rating for residuals of left forearm fracture is denied. Service connection for erectile dysfunction, peripheral vascular disease, and peripheral nerve disability are all denied. Headaches service connection is also denied. An earlier effective date of September 12, 2013, for the award of service connection for an acquired psychiatric disorder is granted.
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