Migraines & headaches decisions — 2021

The Veteran's TBI is currently rated as 10 percent disabling, and the Board has determined that a higher rating is not warranted.,For headaches, the Veteran was granted an initial 30 percent rating effective April 7, 2016. The issue of whether he should receive a higher rating remains pending.

The Veteran's lumbar degenerative facet joint disease is rated at 40 percent effective August 8, 2020. The Veteran's headaches are also service-connected as secondary to his cervical and lumbar spine conditions.

The Veteran's claim for a TDIU was denied as he does not meet the schedular criteria for assignment of a TDIU. The Board referred the case to the Director, Compensation Service, for extra-schedular consideration.

The Veteran withdrew his appeal for service connection of migraine headaches, which had already been granted in a previous decision.

The Board has remanded the cases for further action due to ambiguities in the Veteran's Notice of Disagreement and the need for additional examinations.

The Board has decided to remand the claims for service connection for headaches and traumatic brain injury due to insufficient medical opinions and consideration of the Veteran's statements regarding his symptoms.

The Board has decided to remand the Veteran's claims for service connection for a back disability and headaches, as they are unclear whether the conditions were incurred in or due to his military service.

The Board denied the Veteran's claims for effective dates prior to September 20, 2013 for service connection of cognitive deficits and headaches secondary to traumatic brain injury (TBI). The Board found that no new entitlement was created by the October 2008 revisions to DC 8045, which did not constitute a liberalizing law.

The Veteran's claim for service connection for headaches has been granted. The claims for bilateral hearing loss disability and SMC by reason of being housebound or in need of regular aid and attendance have been dismissed.

The Veteran's petition to reopen the claim of service connection for headaches, secondary to his service-connected anxiety disorder NOS with features of PTSD, was granted. The appeal for service connection for asbestosis and petitions to reopen claims for tinnitus, squamous cell carcinoma of the right base of the tongue, and traumatic brain injury (TBI) were dismissed.

The Board denied service connection for left-side residuals from a stroke with intracranial aneurysm, headaches, and seizure disorder as secondary to service-connected traumatic brain injury.

The Veteran's migraines associated with TBI are granted a 30 percent rating, effective August 5, 2021. The left knee patellofemoral syndrome is granted a separate 10 percent rating for painful limitation of extension from July 26, 2021. Other issues and conditions remain unresolved.

The Veteran's PTSD, intervertebral disc disease, lumbar facet arthropathy, degenerative disc disease of the lumbar spine, and migraine headaches are all granted. A 70% disability rating is assigned for PTSD prior to May 20, 2021.

An effective date of May 17, 2012, but not before, for the assignment of a 30 percent disability rating for tension headaches is granted.,An effective date of June 14, 2012, but not before, for the original assignment of a 20 percent disability rating for cervical strain with degenerative disc disease (DDD) is granted.,An effective date of June 14, 2012, but not before, for the original assignment of a 20 percent disability rating for lumbar DDD is granted.,An effective date of June 14, 2012, but not before, for the original assignment of a TDIU is granted.

The Veteran's TBI, headaches, GERD, and right thumb arthritis are granted. The lower extremity radiculopathy claims are remanded for further examination.

The Veteran's initial evaluation of 10 percent for migraine headaches was granted, effective prior to January 30, 2019. The Veteran's higher than 10 percent evaluation for migraine headaches from March 4, 2020 is denied. TDIU is also denied.

The Veteran's claims for service connection for Multiple Sclerosis and Chronic Headache Disability were dismissed as the appeal was not properly initiated under the AMA framework.

The Board denied service connection for an acquired psychiatric disability, claimed as PTSD, hypertension, obstructive sleep apnea, migraine headaches, and diabetes mellitus, type II. The Veteran's reported stressors were not verified, and there was no medical evidence linking his current conditions to service.,Service connection was also denied for right upper extremity peripheral neuropathy (diagnosed as diabetic neuropathy), left upper extremity peripheral neuropathy (diagnosed as diabetic neuropathy), right lower extremity peripheral neuropathy (diagnosed as diabetic neuropathy), and left lower extremity peripheral neuropathy (diagnosed as diabetic neuropathy).

The Veteran's mixed headache syndrome is rated at 50 percent from September 1, 2014 to July 27, 2020.

The Veteran's bilateral hearing loss is granted as service-connected.,A maximum 50 percent rating for migraine headaches prior to November 26, 2019 is granted.