Migraines & headaches decisions — 2021

The Board has dismissed the Veteran's appeals for service connection on all issues related to his son D.M. due to the Veteran's withdrawal of appeal.

The Veteran's tension headaches, rated at 30 percent since May 19, 2016, are now rated at 50 percent effective from that date. The reduction was improper and the Board has restored a higher rating.

The Board has remanded the Veteran's claims for service connection due to a lack of VA treatment records and potential police reports. The Veteran is required to provide information about any private treatment she received, including physical therapy for her back from Pivot, and authorize VA to obtain these records.

The Veteran's tinnitus and migraine headaches are granted service connection. The Veteran's bilateral hearing loss is remanded for further examination.

The Board has remanded the Veteran's claims for additional development due to insufficient medical opinions regarding his exposure to Project SHAD and its associated toxins. The claims are now pending again with instructions to obtain addenda to the March 2021 examiner's opinions.

The Veteran's TDIU claim is granted as of July 17, 2015 on an extra-schedular basis due to his service-connected disabilities preventing him from securing or following a substantially gainful occupation.

The Board has decided to remand the cases for additional development, including a VA examination for migraine headaches and an addendum opinion regarding sinusitis. The claims of entitlement to increased ratings for migraine headaches and allergic rhinitis and sinusitis are being returned to the agency of original jurisdiction (AOJ) for further action.

The Board has determined that the current evidence is insufficient to decide the claims for service connection for various conditions, and therefore, remands are issued for additional development.

The Veteran's cervicogenic headache disability is rated at 30 percent, which is the highest rating available under the applicable diagnostic code. The Veteran's left lower extremity radiculopathy has been rated at 10 percent and his right lower extremity radiculopathy prior to November 13, 2017, was also rated at 10 percent, while after that date it is rated at 20 percent. All these ratings are denied.

The Veteran's asthma, eczema, migraine headaches and right shoulder tendonitis are remanded for further examination. The service connection for sleep apnea is also remanded due to the need for a new medical opinion.

The Veteran's sinusitis was granted service connection. The remaining issues (psychiatric disorder, migraine headaches, rheumatoid arthritis, right eye disorder, and left eye disorder) are remanded for further evaluation.

The Veteran withdrew his appeals for increased evaluations for lumbar spine disability and headaches, resulting in the dismissal of these claims.

The Veteran's migraine headaches, cervical spine disability, low back disability, left knee disability, and right ankle disability are all remanded for further evaluation.

The Veteran's TDIU rating was restored as there is no clear and convincing evidence that he has been capable of more than marginal employment due to his service-connected disabilities.

The Veteran's appeal for a separate 30 percent rating for headaches secondary to pseudophakia is granted. The matter of increased ratings for pseudophakia is remanded.

The Veteran's acquired psychiatric disorder, unspecified depressive disorder, is not service-connected as it did not manifest during or within one year after service and there is no evidence of continuity of symptoms. The Board finds the Veteran's current diagnosis of unspecified depression with anxious distress less likely related to his military service.,The Veteran's back disability is denied as there is no evidence of chronic in-service back injury, no showing of a compensable degree within one year after separation from service, and no established continuity of symptoms. The Board finds the Veteran's current diagnosis of unspecified depression with anxious distress less likely related to his military service.,The Veteran's respiratory disability (COPD) is not service-connected as there is no evidence of chronic in-service disease or injury, nor any showing of a compensable degree within one year after separation from service. The Board finds the Veteran's current diagnosis of unspecified depression with anxious distress less likely related to his military service.,The Veteran's headaches with vomiting are not service-connected as they did not manifest during or within one year after service and there is no evidence of continuity of symptoms. The Board finds the Veteran's current diagnosis of unspecified depression with anxious distress less likely related to his military service.

The Veteran's appeal for a total disability rating based on individual unemployability (TDIU) prior to October 9, 2020 is being remanded due to the receipt of special monthly compensation at the housebound rate. The TDIU claim is moot as the Veteran has already been awarded SMC based on his service-connected disabilities.

The Board denied the Veteran's claim for service connection for headaches, finding that there is no evidence of a chronic condition during service and that his current headaches are more likely due to a head injury in 2015. The Board also found that his headaches are not related to his service-connected hypertensive vascular disease.

The Veteran's IBS, headache disorder, alcohol use disorder secondary to PTSD, and anxiety (acquired psychiatric disorder) other than PTSD are all granted as service-connected due to their connection to his Gulf War service.

The Veteran's claim for service connection for bilateral recurrent tinnitus is granted. The Board finds that the evidence is at least in equipoise as to whether the current tinnitus arose in service, and resolves all reasonable doubt in favor of the Veteran.