Migraines & headaches decisions — 2023

The Board denied the Veteran's claims for higher ratings for migraine headaches, finding that the evidence did not meet the criteria for a rating higher than 10 percent prior to February 9, 2023 and 50 percent thereafter.

The Veteran's service-connected migraine headaches are now rated at the highest possible evaluation of 50 percent, effective from March 12, 2015.

The Veteran's claims for increased ratings and service connection have been denied. The residuals of perforation of the bladder are not rated higher than 40 percent since July 19, 2022, and a compensable rating is not granted prior to that date. The claim for posttraumatic headaches has also been denied.

The Board has denied service connection for hypertension and granted secondary service connection for migraines as a result of the Veteran's service-connected cervical spine disabilities.

The Board has determined that the appellant's claims for service connection and increased ratings are not ready for decision due to the need for additional development. The issues include a left shoulder disability, PTSD, left ankle tendonitis, lumbosacral strain, tension headaches, right shoulder impingement syndrome, and TDIU.

The Veteran's service-connected disabilities prevented him from securing or following a substantially gainful occupation as of June 20, 2015.,Prior to June 20, 2015, the Veteran's TDIU claim was remanded for referral to the Director of Compensation Service for extraschedular consideration.

The Board has determined that the Veteran's current headaches are secondary to his service-connected left knee condition and have granted service connection for this disability.

The Veteran's GERD and headache disorder were found to have initially manifested in service, and the Board granted service connection for both conditions.

The Veteran's claims for service connection were denied as there was no evidence of a qualifying chronic disability or other basis for service connection.

The Board has remanded the cases for additional development to obtain updated medical records and ensure all necessary authorization forms are provided.

The Board has decided that the Veteran's tension headaches are service-connected. The left shoulder disability issue is remanded for further examination and opinion.

The Board has determined that the Appellant's appeal was timely filed and remanded for further development on issues of service connection for mental health condition, hypertension, migraine headaches, neck condition, radiculopathy of the bilateral upper extremities, sleep apnea, and a bilateral knee condition. The TDIU issue is also being remanded.

The Board has granted service connection for bilateral hearing loss, tinnitus, residuals of a laceration on the 4th digit of the left hand, chronic sinusitis, headaches, and dizziness. The Veteran's conditions are related to his military service.

The Veteran's appeal for service connection for major depressive disorder (MDD) is dismissed as the Veteran and his representative have agreed that there is no longer a question of law or fact for the Board to rule on. The appeals for service connection for traumatic brain injury, migraine condition, generalized anxiety disorder, and posttraumatic stress disorder are remanded.

The Veteran's appeals for separate ratings for digestive conditions and earlier effective dates for SMC benefits were dismissed. The Board found that the Veteran is entitled to SMC (o) based on his service-connected disabilities, which require him to have aid and attendance. He also qualifies for SMC (r)(1).

The Board has remanded several issues related to the Veteran's service connection claims due to failure to provide VA examinations as required by law. The specific issues include tinnitus, dizziness, headaches, low back disability, right and left knee disabilities, erectile dysfunction, and gum disease.

The Board denied a higher disability rating for the service-connected headaches, finding that the Veteran's condition does not meet the criteria for a 50% rating due to lack of very frequent completely prostrating and prolonged attacks.

The Veteran's migraine headaches are currently rated at the maximum allowable under Diagnostic Code 8100. The Board has determined that a higher rating is not warranted based on the severity of his symptoms as defined by the criteria in the Rating Schedule. For the knee disabilities, the Veteran's service-connected instability and painful flexion have been remanded for further examination to determine their current severity.

The Veteran's service-connected Major Depressive Disorder is granted a higher rating of 70 percent, effective August 2, 2016. Service connection for headaches is also granted as secondary to her MDD.

The Veteran's claim for service connection for COPD as the result of exposure to toxic substances during service in the Southwest Asia theater of operations is granted under the provisions of the PACT Act.,Service connection for bilateral tinnitus is granted.