Migraines & headaches decisions — 2023

The Board denied service connection for neck disability, change in color in the hands, headaches, and weakness in the arm and numbness in the fingers.,No effective date was granted as all claims were denied.

The Veteran's migraine headaches were rated at 30% prior to September 1, 2022, and the Board found that they did not meet or approximate the criteria for a higher rating.,For the period from September 1, 2022, forward, the Veteran's migraine headaches met the criteria for a 50% rating.

The Veteran's petition to reopen a claim of service connection for upper back pain, previously claimed as neck disability, to include left arm was denied. The Board found that the new evidence did not show upper back disability due to an in-service injury, illness, or event.,The Veteran's claim for earlier effective date for TBI with headaches was denied because there was no CUE in the September 1998 rating decision denying service connection for headaches. The Board concluded that the correct facts were before the AOJ at the time of the decision and that the applicable statutory and regulatory provisions were correctly applied.,The Veteran's claim for TDIU due to service-connected disabilities was granted.

The Board has remanded the claims for bilateral hearing loss, increased ratings for migraine headaches and tinnitus, and a TDIU due to new evidence received after the August 2020 Supplemental Statement of the Case.

The Veteran's bronchitis is granted as secondary to her service-connected sinusitis. The Veteran's migraine headaches are denied due to lack of a causal relationship with her service-connected conditions.

The Veteran's bilateral foot disability, migraine headaches, right shoulder strain, and left shoulder strain are not service-connected.,Service connection for the Veteran's bilateral foot disability is denied.

The Veteran's initial disability ratings for PTSD and Migraine Headaches are denied as his symptoms do not meet the criteria for a higher rating under the applicable VA rating schedule.

The Board has remanded the claims for bilateral hearing loss, right shoulder arthritis, left shoulder arthritis, sinus and/or allergy conditions (claimed as a sinus condition), and headache disorder due to inadequate medical opinions.,Further evaluations are needed to determine the nature and etiology of these conditions.

The Board has determined that the remand directives were not substantially complied with and thus another remand is warranted for further development of the Veteran's claims.

The Veteran's migraines are rated at 50 percent, the maximum schedular rating. Service connection for a L5-S1 disc of the spine is granted. Other service-connected issues remain remanded.

The Board has denied service connection for various conditions including headaches, respiratory condition, sinusitis, thigh condition, ankle disabilities, shoulder disability, thumb disability, knee disability, gout, and gastrointestinal disability. The evidence does not support a finding of current diagnoses or a link to service.

The Veteran's claim for service connection for gastroesophageal reflux disease is granted. The claim for a compensable rating for right ear hearing loss is denied, and the claim for entitlement to a compensable rating for dermatitis is remanded.

The petition to reopen the claim of entitlement to service connection for an acquired psychiatric disorder is granted.,The petition to reopen the claim of entitlement to service connection for erectile dysfunction as secondary to an acquired psychiatric disorder is granted.,The petition to reopen the claim of entitlement to service connection for headaches is granted.,The petition to reopen the claim of entitlement to service connection for anemia is denied.,The petition to reopen the claim of entitlement to service connection for a right great toe disability is denied.

The appeal has been dismissed due to the Veteran's death, and no final decision can be made on the service connection claims.

The Veteran's currently diagnosed headache disorder is granted as service connection due to onset in service.,Service connection for the Veteran's respiratory disorders (COPD, emphysema, lung nodule) is denied because there is no evidence of their onset or relation to service.

The Veteran's service connection claims for various hip, wrist, back, neck, and extremity disabilities are denied as the evidence does not support a link between these conditions and his military service.,The Veteran's service connection claims for right wrist and left wrist disabilities are also denied due to lack of in-service injury or incident.

The Board has determined that the Veteran's claims for service connection for obstructive sleep apnea and an initial compensable rating for headaches are remanded due to insufficient evidence supporting these claims.

The Board has denied service connection for gastrointestinal condition, as the evidence does not support a direct or secondary relationship to service.,Service connection for obstructive sleep apnea and headaches are remanded due to insufficient opinions regarding their relation to PTSD.

The Veteran's TDIU appeal was withdrawn by his representative. His bilateral pes planus is rated at 30% since March 1, 2017. The Veteran's migraines are currently rated at 50%, the maximum schedular rating for very frequent prostrating and prolonged attacks productive of severe economic inadaptability.

The Board has remanded three issues: fatigue, tension headaches, and allergic rhinitis. The claims are being returned for further development due to the receipt of new evidence.