Migraines & headaches decisions — 2021

The Board denied the Veteran's claim for an earlier effective date for a total disability rating due to individual unemployability (TDIU) prior to April 5, 2017 because no new and material evidence was submitted within one year of the July 2014 or November 2014 rating decisions. The Board also found that it was not factually ascertainable that an increase in disability occurred within a year prior to the April 2017 claim.

The Board denied the Veteran's claims for service connection for residuals of mycobacterium tuberculosis, an increased rating for tension headaches, and initial ratings for cervical spine intervertebral disc syndrome (IVDS) and scars post-lumbar spine surgery. The appeals were all denied as there was no current disability found in each case.

The Veteran's appeals for the reduction of his migraine headaches disability rating, reopening service connection claims for various conditions, and for service connection for certain lung issues have been withdrawn by his attorney.

The Board has decided to remand the case due to a duty-to-assist error in the initial decision, and an addendum opinion is needed regarding whether the Veteran's migraine headaches are aggravated by his service-connected PTSD.

The Veteran's claims for residuals of a right foot injury, injuries to the head and jaw including gingivitis, headaches and nerve damage, left eye disability, and Valley Fever are being remanded due to insufficient evidence.,The Board has not yet made a final determination on these claims.

The Veteran's appeal for an extraschedular rating for migraines in excess of 50 percent has been dismissed because the Veteran withdrew their appeal prior to the Board decision.

The Veteran's claims for PTSD, sleep apnea, and migraine headaches have been granted with effective dates of October 29, 2007, May 1, 2017, and May 1, 2017 respectively. However, the Board has remanded these issues due to additional development being required.,The Veteran's claim for service connection for a stroke secondary to PTSD or migraine headaches remains pending as it was not addressed in this decision.

The Board denied the Veteran's claim for a total disability evaluation based upon individual unemployability due to service-connected disabilities (TDIU) as his service-connected conditions did not render him unable to secure and follow a substantially gainful occupation.

The Board has denied the Veteran's claims for earlier effective dates for service connection due to a lack of evidence supporting the Veteran's contention that he filed an earlier claim. The Veteran and his representative submitted statements and email correspondence, but no formal or informal claim prior to October 23, 2015 was found.

The Veteran's claim for service connection for migraine headaches is denied. The Board finds that the preponderance of evidence does not support a finding that the Veteran has migraine headaches related to his military service, to include as secondary to his sinusitis. For coronary artery disease (CAD), the Board remanded due to insufficient rationale in the May 2020 VA examination.

The Veteran's service-connected disabilities, including migraine headaches and polyarthralgia involving multiple joints, have rendered him unable to secure or follow a substantially gainful occupation prior to November 5, 2020. As of that date, his combined disability rating is 100 percent, which moots the TDIU claim.

The Veteran's initial claim for a higher rating for migraine headaches was denied, as the evidence did not show very frequent completely prostrating and prolonged attacks productive of severe economic inadaptability.,For dyspepsia prior to June 3, 2015, the criteria were not met. However, beginning from that date, a 30 percent rating is granted.

The Veteran's claim for service connection for an acquired psychiatric disorder, including major depressive disorder, was granted. Service connection for PTSD was denied. For the rating period from March 4, 2016 to December 7, 2016, a 50 percent disability rating for bilateral pes planus with plantar fasciitis was granted. For the rating period from December 7, 2016 forward, an increased disability rating in excess of 50 percent is not possible as the Veteran is already at the maximum allowable rating under Diagnostic Code 5276.

The Board has found that the VA did not substantially comply with its previous remand instructions and thus the claims for chronic sinusitis and headaches are being returned to the RO for further action.

The Veteran's cluster headaches were not incurred in service and are denied.,The Veteran's lower back condition is etiologically related to his military service and is granted.

The Board denied service connection for a sinus condition and headaches to include as secondary to a sinus disability.,There is no evidence linking the Veteran's current sinus condition or headaches to his active military service.

The Board has remanded the claims for migraine headaches, obstructive sleep apnea, left ankle condition, right ankle condition, myoclonic jerks, and left lower extremity radiculopathy of the sciatic nerve and tibial, peroneal, and cutaneous nerves due to new evidence received since the last denial.

The Board has granted service connection for headaches, finding that the evidence is at least evenly balanced as to whether the Veteran's current headaches had their onset in service.

The Veteran's claims of service connection for right and left carpal tunnel, bilateral leg disability, bilateral wrist disability, headaches, insomnia disorder, and bilateral knee disability have been remanded by the Board.,An effective date earlier than August 30, 2010, for the award of service connection for right and left carpal tunnel has been denied.

The Board has withdrawn the appeals for headaches and heart disability. The claims of service connection for diabetes mellitus, type II, hypertension, bilateral eye glaucoma, erectile dysfunction, kidney calculi, peripheral neuropathy of the upper and lower extremities, and depression are being remanded due to the need for additional medical examinations.