Migraines & headaches decisions — 2023

The Veteran's service-connected migraine headaches are being remanded for a new VA examination to assess the current level of severity.

The Veteran's migraines are being remanded for a new VA examination to assess the current severity of his condition, and TDIU is also being remanded due to its inextricability with the rating issue.

The Board has determined that further development is needed to address the Veteran's claim for service connection for headaches, which are claimed as secondary to jaw pain and/or his service-connected PTSD. The VA examiner must provide an opinion on whether it is at least as likely as not that the Veteran's headaches are caused by or aggravated by his service-connected PTSD.

The Veteran's migraine headaches were rated at 50 percent effective May 17, 2017. The Board granted an earlier effective date of May 17, 2017 for the assignment of a 50 percent disability rating.,The Veteran also requested TDIU prior to September 21, 2020, which was remanded for extraschedular consideration.

The Board has remanded several issues for further development, including service connection claims and an increased rating claim. The Veteran's right shoulder disability is granted with a 20% evaluation effective May 22, 2017.

The Veteran's initial disability ratings for GERD with IBS and Migraine Headaches have been granted at a 30% level. The appeal for increased ratings on these conditions remains pending, as well as the appeals for left knee strain, right knee patellofemoral pain syndrome, flexion deformity of proximal interphalangeal joint (PIP) of right little finger, and service connection for traumatic brain injury and associated residuals.

The Board has remanded the Veteran's claims for service connection due to inadequate medical opinions and need for additional development of his records.

The Veteran's claim for service connection for post concussive migraines was granted with an effective date of July 27, 2018. The Board found that the September 2018 rating decision denying this claim was not final and thus a new claim was filed on June 3, 2020.

The Veteran withdrew his appeals for increased ratings of anxiety disorder, migraine disability, and left ankle disability, as well as his claim for TDIU.

The Board has decided to remand the case due to a duty-to-assist error regarding service connection for migraine headaches. The Veteran's migraines existed prior to service, and the VA examiner did not provide an adequate rationale in their opinion.

The Veteran's claims for service connection for headaches and a low back disorder have been denied as there is no evidence linking these conditions to his military service.

The Veteran's chronic headaches were granted an initial disability rating of 50 percent from January 15, 2015 to June 24, 2019. The effective date for this grant is set at January 15, 2015.

The Veteran's service-connected disabilities rendered him unable to secure and follow substantially gainful employment as of January 6, 2015.

The appeal as to the proposal to reduce the disability rating from 20 percent to 0 percent for right upper extremity radiculopathy (minor) is dismissed.,The appeal as to entitlement to an earlier effective date for an increased rating for service-connected migraine headaches is dismissed.,Entitlement to an effective date prior to June 12, 2018 for the assignment of a 30 percent disability rating for DDD of the cervical spine with IVDS is denied.,Entitlement to an effective date prior to January 2, 2018 for the grant of a TDIU is denied.

The Board has granted an effective date of July 11, 2007 for the grant of a TDIU based on service-connected disabilities. The Veteran's conditions rendered her unemployable as of that date.

The Veteran's claim for service connection for migraines is granted. The Board finds that the evidence is at least in equipoise regarding the onset of the Veteran's migraines and their recurrent symptoms since his first period of active service, thus granting service connection.

The Veteran's hypercholesterolemia is not a disability for VA purposes, and there is no evidence of current hemorrhoids or bilateral shin splints.,Pending determinations on the right foot condition, gout, conjunctivitis of the right eye, facial injury, migraine headaches, left ankle condition, obstructive sleep apnea, and left knee condition.

The Veteran's PTSD/Cognitive Disorder is rated at 100 percent disabling prior to March 30, 2023.,For the entire period on appeal, from September 4, 2018, the Veteran's Tension Headaches are rated at 50 percent.,The Veteran is now eligible for SMC based on his combined disability rating of over 60 percent.

The appeal for service connection for TBI, an acquired psychiatric disorder, migraine headaches, hypertension, and obstructive sleep apnea is dismissed. The Veteran's statements regarding her service in Southwest Asia are not credible.

The Veteran's claim for service connection for TMJ was denied as there is no current diagnosis of TMJ.,The Veteran's claim for increased ratings for bladder/stress incontinence prior to October 13, 2017 and from July 1, 2019 forward were denied. The Veteran received a temporary 100% rating effective February 17, 2023.,The Veteran's claim for increased ratings for bladder/stress incontinence from October 13, 2017 to April 14, 2019 and from March 20, 2023 forward was granted with a 60% rating effective October 13, 2017.,The Veteran's claim for compensable ratings for migraine headaches prior to December 17, 2018 and from December 17, 2018 forward were denied. The Veteran received a 50% rating effective December 17, 2018.