Migraines & headaches decisions — 2022

The Veteran's post-concussive and migraine headaches were granted a 30 percent rating from March 1, 2011 to September 10, 2019 and a 50 percent rating from September 11, 2019 to March 16, 2022. A separate 10 percent rating was granted for TBI residuals since March 17, 2022. The Veteran's TMJ disorder did not meet the criteria for a higher rating.

The Board has remanded the claims for hypertension, diabetes mellitus, retinopathy, headaches, erectile dysfunction, insomnia, and skin disability of the feet due to inadequate medical opinions in the previous VA examinations. The Veteran's service connection claims are being remanded for further development.

The Veteran's appeal for higher ratings and TDIU was denied. The initial rating for reversible obstructive airway disease prior to May 25, 2022 is denied as the disability does not meet the criteria for a higher rating under DCs 6604-6602. For the period from May 25, 2022, the Veteran's disability remains at 30 percent and no higher rating is warranted. The Board also found that the Veteran was unemployable due to his service-connected disabilities.

The Board has determined that the claims of service connection for bilateral shin splints, neck condition, and headaches (secondary to a neck condition) require additional development due to insufficient medical opinions.

The Veteran is granted an initial disability rating of 30 percent for service-connected recurrent maxillary sinusitis with headaches, effective prior to January 4, 2022. The appeal for a higher rating is denied.

The Veteran's service connection claim for intermittent explosive disorder with sleep impairment is granted. Claims for a separate sleep disorder, headaches, hypertension, and right ankle condition are denied.

The Board has determined that the Veteran's claims for service connection are remanded due to duty-to-assist errors and insufficient medical opinions. The issues of service connection for a back disability, migraines, and hypertension must be addressed again with new evidence or clarification.

The Board dismissed the appeal for eligibility to direct payment of attorney fees resulting from the December 2021 grant of service connection for migraine headaches due to lack of a final fee decision.

The Veteran's disability ratings for post traumatic headaches and radiculopathy of the right lower extremity were not properly reduced, as there was no evidence showing improvement in his ability to function under ordinary conditions.

The Veteran's PTSD is granted a 70 percent rating, and his headaches and hypertension are restored to their previous ratings. The appeal for service connection of the right and left lower extremity Restless Leg Syndrome remains pending.

The Veteran's service-connected headaches are rated at a 30 percent evaluation, considering the frequency and severity of his attacks. The Board found that the headaches meet the criteria for a 30 percent rating but not for a higher 50 percent rating due to lack of severe economic inadaptability.

The Veteran's cluster headaches were found to meet the criteria for a rating of 50 percent prior to July 18, 2018, due to very frequent completely prostrating and prolonged attacks productive of severe economic inadaptability.

The Veteran's service-connected disabilities prevent him from securing and maintaining substantially gainful employment since July 29, 2012. TDIU is granted effective that date.

The Board denied the Veteran's claims for service connection for sleep apnea, migraines, and an anxiety disorder claimed as memory loss due to lack of evidence linking these conditions to his military service.

The Board has remanded the Veteran's claims for service connection due to insufficient consideration of certain evidence, including STRs and VA treatment records. The claims are now pending for further review.

The Veteran's claims for service connection and evaluations have been remanded due to the need for further development. The issues include seeking service connection for speech problems, evaluating limitation of extension of the right elbow, obtaining a higher evaluation for degenerative disc disease with spondylosis of the lumbar spine, and determining an appropriate evaluation for migraine headaches associated with PTSD and TBI.

The Veteran's claims for headaches, back disorder, and left leg disorders are being remanded due to conflicting medical opinions and the need for further examination.

The Board denied service connection for bilateral hand, shoulder, knee, carpal tunnel syndrome, and headache disabilities as the evidence did not support a finding that any of these conditions began during or were related to active service.

The Board has granted a 50 percent rating for the Veteran's service-connected hypnic headaches, finding that his symptoms meet the criteria for this highest schedular rating due to very frequent completely prostrating and prolonged attacks productive of severe economic inadaptability.

The Board has determined that new evidence submitted by the Veteran since the last denial of service connection for intestinal disability, prostate cancer, kidney disease, COPD, heart disease, diabetes mellitus, anxiety disorder, headache disability, and left shoulder disability warrants a remand to obtain additional medical opinions regarding these issues.,The Veteran's claims for service connection for intestinal disability, prostate cancer, kidney disease, COPD, heart disease, diabetes mellitus, anxiety disorder, headache disability, and left shoulder disability are being remanded due to the submission of new evidence that is relevant to the issues on appeal.