Migraines & headaches decisions — 2021

The Board has determined that the VA examinations and medical opinions were not provided as per the remand instructions. The case is being returned to the AOJ for further development.

The Veteran's appeals for increased ratings for allergic rhinitis and bilateral hearing loss have been dismissed due to the Veteran's withdrawal of his appeals.,The Veteran's appeals for initial compensable disability ratings for chondromalacia patella syndrome (right knee) and tendonitis (left shoulder), as well as an initial rating in excess of 30 percent for migraines, chronic sinusitis, and adjustment disorder with mixed anxiety and depressed mood have been remanded due to the need for updated medical evidence and examinations.

The Board has determined that the Veteran's treatment at a non-VA facility on September 7, 2017 was for an emergent condition and that seeking treatment at a VA or federal facility was not feasibly available. Therefore, the claim for payment or reimbursement of unauthorized medical expenses is granted.

The Veteran's Bell’s palsy and headaches have been granted service connection, with a 70% rating for major depression with generalized anxiety disorder effective February 16, 2016.,An earlier effective date of February 16, 2016, has also been granted for the grant of service connection for major depression.

The Veteran's service-connected disabilities rendered him unable to secure and follow a substantially gainful occupation from August 8, 2017 to December 26, 2017. The Board granted entitlement to TDIU during this period.

The Board has granted a TDIU based on the Veteran's service-connected disabilities, including chronic headaches, right shoulder impingement with degenerative joint disease, left shoulder rotator cuff syndrome, and fibromyalgia. The decision is binding only for this specific matter.

The Veteran's appeal is being remanded for additional examinations to determine the nature and etiology of his claimed left rotator cuff disability, left hip disability, and breathing disability. Service connection for headaches has been granted.

The Veteran's attorney was awarded fees for representing the Veteran in obtaining an increased rating for his migraine type chronic headaches from 10% to 50%. The appeal was granted.

The Board has granted an initial rating of 30 percent for migraine headaches, finding that the Veteran's migraines with characteristic prostrating attacks occurring on average once a month over the last several months meet the criteria for this rating.

The Board has remanded the claims for headaches, pulmonary embolism (claimed as blood clots), and a chronic disability manifested by menstrual problems and blackouts to include as due to an undiagnosed illness. The Veteran is already in receipt of TDIU.

The Veteran's chronic headaches have been granted a maximum 50 percent rating since September 3, 2013. The previous ratings were denied as the symptoms did not meet the criteria for higher ratings.

The Veteran's claims for service connection have been remanded due to the need for additional medical examinations and opinions. The issues include a disability related to an undiagnosed illness or MUCMI, sleep apnea secondary to PTSD, bilateral hearing loss, and migraine condition secondary to sleep apnea.

The Board has granted the Veteran's request to recognize J.T. as a helpless child, finding that he was permanently incapable of self-support prior to attaining the age of 18 due to his disabilities.

The Board has remanded the claims for service connection for migraines and bilateral leg disability due to insufficient reasoning in the previous decision. The Veteran's PTSD is found to be aggravated by his alcohol use disorder, but not directly related to his active duty service.

The Board has remanded the case for additional development, including a VA examination to assess the relationship between any current headache disorder and active service.

The Board granted a maximum schedular rating of 50 percent for service-connected migraine headaches, finding that the Veteran's symptoms met criteria for very frequent, completely prostrating, and prolonged attacks productive of severe economic inadaptability.

The Veteran's claim for service connection for sleep disturbance has been withdrawn.,The Veteran's chronic headaches are granted as secondary to his service-connected PTSD and respiratory conditions.

The Veteran's migraines are found to have started during service and continue today, meeting the criteria for service connection.,While there is no direct evidence linking the lumbar spine disability to service, the Board finds that the Veteran's consistent reports of in-service injuries and symptoms since discharge meet the continuity of symptomatology requirement, granting service connection on a secondary basis.,The radiculopathy of the bilateral lower extremities is found to be related to the Veteran's service-connected lumbar spine disability.

The Board has denied service connection for headaches and blackouts, finding that the evidence does not support a link between these conditions and active service.

The Veteran's lung disability claim is denied. For the period prior to November 26, 2019, a 50 percent rating for sinusitis with headaches is granted. From November 26, 2019 onwards, a higher rating for hypertension with diabetic nephropathy is denied. Service connection claims for back disability, hump on the neck, right ankle disability, hypothyroidism, and papilledema are all remanded.