Migraines & headaches decisions — 2021

The Veteran's service-connected disabilities do not render him unable to obtain and retain substantially gainful employment, as his combined evaluation is only 40 percent, which does not meet the minimum percentage rating required for consideration of assignment of a total disability rating for individual unemployability. The Board finds that the preponderance of the evidence is against the claim for a total disability evaluation based on individual unemployability due to service-connected disabilities.

The Veteran's tension headaches are currently rated as 30 percent disabling from January 4, 2020 to the present. The Board denied an initial compensable rating for the period from March 7, 2014 to January 3, 2020 and a higher than 30 percent rating from January 4, 2020 to the present.

The Veteran was granted a TDIU rating from October 31, 2014 onwards due to her service-connected disabilities preventing her from obtaining and maintaining substantially gainful employment. Prior to this date, the criteria for a TDIU were not met.

The Board has granted service connection for cervical disc disease and cervical spondylosis, finding that the current diagnoses are due to an in-service motor vehicle accident. Service connection for tension headaches is also granted as secondary to now service-connected cervical spine disabilities.

The Board has remanded the Veteran's claims for service connection due to insufficient evidence regarding his periods of active duty, ACDUTRA and INACDUTRA. The Veteran is also required to undergo an updated examination for his chondromalacia, left knee with patellar tendonitis.

The Board has remanded the claims for service connection for hypertension, headaches, tinnitus, and leukemia/lymphoma disorder due to incomplete development of evidence.

The Veteran's appeals for increased evaluations of his TBI, headaches, and PTSD have been dismissed as the Veteran withdrew all active claims from appellate status.

The Veteran's service-connected chronic headaches were rated at 30 percent prior to September 7, 2016. The Board found that the evidence did not show very frequent completely prostrating and prolonged attacks productive of severe economic inadaptability.

The Board has remanded the case due to an inadequate VA examination, specifically regarding whether PTSD aggravates migraines.

The Veteran's initial and higher evaluations for service-connected unspecified depressive disorder are granted, but the claims for other conditions remain pending.

Service connection is denied for right shoulder, left shoulder, and hypertension disorders.,Service connection is granted for unspecified mental health disorder (depressive disorder with anxious distress features), sleep apnea, and headaches.

The Board has remanded the Veteran's claims for additional development due to a lack of a supplemental statement of the case (SSOC) and inadequate VA examination.

The appeal of the claim for service connection for a right foot disability is dismissed. The claims for bilateral hearing loss, tinnitus, PFB, left foot disability, hypertension, headache disability, and right knee and left knee disabilities are remanded.

The Veteran's lumbar strain has been granted a 20 percent evaluation, effective February 21, 2017. The Board also remanded several service connection claims for further review.

The Board denied service connection for a headache disorder as there is no current diagnosis of the condition and the Veteran's lay statements were not credible.

The Veteran's claim for special monthly compensation (SMC) under 38 U.S.C. § 1114(s)(1) is granted, as he meets the criteria with a combined rating of 100 percent due to his service-connected PTSD.

The Veteran's PTSD and back disability have rendered him unable to secure or follow a substantially gainful occupation since March 21, 2012. His TDIU is granted.

The Veteran's headaches and psychiatric disorders, including PTSD, are granted as service connected. The case is remanded for additional development regarding the psychiatric disorder claim.

The Veteran's claim for a higher rating for migraines prior to March 22, 2010 is granted. The Board finds the evidence at least in equipoise as to whether the Veteran’s migraines would most closely approximate very frequent completely prostrating and prolonged attacks productive of severe economic inadaptability.,The Veteran's claim for a higher rating for migraines from March 22, 2010 onward is denied. The highest schedular rating available for migraine headaches under Diagnostic Code 8100 has already been granted.

The Board has remanded the Veteran's claims for an initial rating in excess of 10 percent for residuals, brain tumor surgery with vertigo of central origin and other associated conditions due to a lack of recent VA examination. The issues are now pending before the AOJ.