Migraines & headaches decisions — 2022

The Veteran's service-connected migraine headaches and lower back condition rendered him unable to secure or follow a substantially gainful occupation for the period from December 2008 to August 11, 2010.

The Board has found that the AOJ did not substantially comply with the remand directives and has therefore ordered further development for the issues of entitlement to a rating in excess of 40 percent for fibromyalgia disability, TDIU prior to January 27, 2010, and SMC based on aid and attendance. The case is being returned to the AOJ for these matters.

The Veteran's headache disability is granted as service-connected because it began during her military service and has continued since.

The Board has determined that it cannot make a decision on the Veteran's TDIU claim without additional information regarding his employment history and the combined effect of his service-connected conditions. The case is being remanded to obtain this information.

The Board has decided to remand the case due to insufficient evidence regarding the severity of the Veteran's headaches, requiring a more recent evaluation.

The Veteran's initial rating for migraine headaches has been granted at a 30 percent level. The Board has also remanded the issues regarding her wrist tendonitis with volar ganglion cyst.

The Veteran's appeal for service connection on the issues of left elbow disability, irritable bowel syndrome, headaches, and tinnitus has been dismissed. Service connection was granted for headaches and tinnitus. A total disability rating based on individual unemployability (TDIU) is granted.

The Veteran's headaches, following his neurosurgical debridement of a subarachnoid cyst, are rated at 30% prior to April 20, 2021. After that date, the Veteran's condition is denied as it does not meet the criteria for a higher rating.

The Veteran has withdrawn his appeals for service connection and rating increases related to various conditions, including an acquired psychiatric disorder, a left knee disorder, migraine headaches, lumbar spine disability, right knee injury with posttraumatic arthritis, and scar from pyelolithotomy. The appeal is dismissed as the claims are withdrawn.

The Veteran's appeal for a higher rating for GERD is dismissed.,A 30 percent disability rating, but no higher, was granted for the service-connected posttraumatic migraine headaches before February 7, 2020. The Veteran is currently receiving the maximum allowable schedular rating for this condition.,For the period on appeal from February 7, 2020 onwards, a higher disability rating for the service-connected posttraumatic migraine headaches was denied.,A separate 10 percent disability rating, but no higher, was granted for left knee instability. The Veteran's left knee flexion is limited to no worse than 110 degrees with pain at full flexion and extension is to 0 degrees. There has been no evidence of ankylosis or semilunar cartilage dislocation.,Service connection was denied for the service-connected left shoulder, right shoulder, left hip, and right hip disabilities.,The Veteran's appeal for increased ratings for his service-connected posttraumatic migraine headaches is remanded. Service connection for TBI residuals as part of PTSD remains pending.,Service connection was denied for the service-connected left hip and right hip disabilities.,The matter regarding service connection for TBI residuals as part of PTSD is referred to the AOJ for clarification.

The Veteran's TDIU claim is being remanded due to incomplete employment history and outstanding VA treatment records. The AOJ will seek clarification on the Veteran's employment history, request SSA earnings statements, and obtain relevant VA treatment records.

The Board has determined that the Veteran's bilateral pes planus and tinnitus are service-connected, but his migraine headaches require further development as they may be related to service or a service-connected disability.

The Veteran's migraine headaches are rated at 50 percent, effective August 12, 2022. The TDIU claim is denied.

The Veteran's claims of service connection for hypertension and migraines have been reopened, and the Board has granted service connection for hypertension. The claim of TDIU is remanded due to the need for a VA examination.

The Veteran's headache disability and low back disability have been granted service connection, effective June 19, 2009.,A higher rating for major depressive disorder is denied.

The Veteran's initial request for a higher rating for headaches prior to August 28, 2020 was denied.,A subsequent increase in the rating to 50 percent effective from August 28, 2020, was also denied.

The Veteran's appeal to reopen claims for service connection for back, left leg, and right leg disabilities has been granted. The appeals for migraine headache have been remanded.

The Board has remanded several claims related to the Veteran's neck strain and degenerative arthritis of the cervical spine, hip strains, TBI residuals, and lumbar spine disability due to lack of substantial compliance with previous remand directives.

The Board has remanded the issue of entitlement to a total disability rating based on individual unemployability (TDIU) due to service-connected disabilities for additional development. The Veteran's migraine headaches meet the schedular criteria for TDIU, and he retired from his job in June 2017.

The Veteran's service connection claims for hypertension and headaches, both linked to herbicide exposure, have been denied as there is no evidence of a nexus between the conditions and his military service.