Migraines & headaches decisions — 2023

The Veteran's claim for residuals of a stroke is denied as there is no evidence of a current diagnosis or in-service incurrence.,The Veteran's claim for headaches is granted as his current diagnosis is related to his service-connected anxiety disorder.

The Board has determined that VA examinations are necessary to assess the current nature, onset and etiology of the Veteran's claimed disabilities. The Veteran failed to appear for scheduled VA examinations and good cause has been shown.

The Veteran's claims for service connection for chronic fatigue syndrome and migraine headaches (previously claimed as headaches) are being remanded due to the inadequacy of the January 2019 VA examination.

The Veteran is entitled to a TDIU from May 10, 2006 to January 21, 2019 and special monthly compensation under 38 U.S.C. § 1114(s) effective September 9, 2008 due to his service-connected psychiatric disorder.

The Board has remanded the Veteran's claims for service connection for bilateral hearing loss, headaches, a mid-back injury, cervical spine degenerative joint disease (claimed as neck injury), radiculopathy of the left upper extremity, and radiculopathy of the right upper extremity due to lack of contemporaneous medical records and insufficient information.

The Veteran's PTSD is granted at a rating of 70 percent prior to March 21, 2019. Sleep apnea and headaches are granted service connection based on the PACT Act presumption. The effective date for these grants is not specified.

The Veteran's claims for service connection for residuals of a hysterectomy, residuals of a cracked pelvis, and headaches and dizziness are being remanded due to the need for additional medical examinations.,Specifically, the Veteran needs a VA examination to determine if her hysterectomy was incurred or aggravated by any service-connected disabilities.

The Veteran's adjustment disorder is rated at 30 percent, effective September 15, 2017. His post-traumatic headaches due to TBI are rated at 10 percent, also effective September 15, 2017. The residuals of his head injury (TBI) remain non-compensable.

The Board denied the Veteran's claim for a total disability rating based on individual unemployability due to service-connected disabilities, finding that her combined schedular evaluation did not meet the criteria for TDIU.

The Veteran's migraine headaches are rated at a 50 percent initial rating effective September 18, 2017. This is the maximum evaluation available for headaches under Diagnostic Code 8100.

The Board denied service connection for IBS, a sinus/allergy condition with difficulty breathing due to burn pits and toxins in the Gulf, migraines, and a left foot condition. The claim for left ear hearing loss was remanded.,Service connection is not granted for any of the conditions listed.

The Veteran's tension headaches and radiculopathy of the right lower extremity have not been productive of characteristic prostrating attacks or other symptoms warranting higher ratings.,Service connection for asthma, respiratory insufficiency (COPD), sinusitis, neck disability, and muscle and joint pain has not been established.

The Veteran's claim for an effective date prior to July 13, 2017, for the grant of service connection for tension headaches is denied.,The Veteran's claim for a higher rating for major depressive disorder is remanded.,The Veteran's claim for service connection for a right shoulder disability is remanded.,The Veteran's claim for service connection for bursitis is remanded.,The Veteran's claim for an increased rating for tension headaches is remanded.,The Veteran's claim for a higher rating for cervical strain is remanded.,The Veteran's claim for a higher rating for left rotator cuff impingement syndrome is remanded.,The Veteran's claim for an effective date prior to July 13, 2017, for the grant of a 20 percent rating for left rotator cuff impingement syndrome is remanded.,The Veteran's claim for service connection for degenerative arthritis with strain of the lumbar spine is remanded.,The Veteran's claim for an effective date prior to July 13, 2017, for the grant of service connection for radiculopathy of the left lower extremity is remanded.,The Veteran's claim for an effective date prior to July 13, 2017, for the assignment of a separate compensable rating for radiculopathy of the right lower extremity is remanded.,The Veteran's claim for an increased rating for bilateral plantar fasciitis is remanded.,The Veteran's claim for TDIU due to service-connected disabilities is remanded.

The Veteran's initial claim for a higher rating for service-connected tension and migraine headaches was granted, with a 30% rating from August 26, 2019. A TDIU is also granted but the case is remanded due to additional issues.

The Veteran's claims for service connection for dementia, unspecified anxiety disorder, kidney condition, chronic fatigue (also claimed as sleep disorder), migraines, bilateral vision loss, and allergies have been denied. The Veteran is granted TDIU.

The Board has determined that the Veteran's claims are remanded due to insufficient evidence and procedural errors. The claims for increased ratings and service connection will be returned to the RO for further action.

The Veteran's claims for increased ratings were denied. The Board found that the evidence did not meet the criteria for a higher rating under any applicable diagnostic codes.

The Board has determined that additional evidence was received after the November 2018 Statement of the Case and has not been considered by the AOJ. The case is being remanded to allow for consideration of this new evidence.

The Board dismissed the Veteran's appeals for service connection on all five issues related to various injuries and conditions, including right knee disorder, left knee disorder, TBI residuals, headaches, and sleep apnea.

The Veteran's appeal is remanded for further development, including obtaining VA and private treatment records, conducting additional TDIU development, and determining whether referral to the Director, Compensation Service is warranted for extraschedular consideration of the increased rating claim.