Migraines & headaches decisions — 2023

The Veteran's migraine headaches are granted a 50% rating, effective throughout the appeal period. Ratings for left and right knee chondromalacia remain at 10%. The psychiatric disability is granted a 70% rating, effective prior to December 1, 2016.

The Veteran's claim for service connection for headaches, also claimed as TBI, has been approved and there are no longer allegations of errors in the decision.

The Veteran's service-connected migraine headaches are characterized by severe headaches occurring several times a week that interfere with employment due to light sensitivity and pain. The Board has granted an initial rating of 50 percent for the condition prior to May 16, 2019, and denied any higher rating.

The Board has dismissed the Veteran's claims for insomnia disability and denied his claims for right thigh, bilateral hand, bilateral foot, seizure disorder, shin splints, eczema, pseudofolliculitis barbae (PFB), lumbar spine disability, left lower extremity neuralgia, lumbar scar, psychiatric disability, migraines, cystic acne, and hiatal hernia with gastritis and history of healed gastric antral ulcer.

The Board has granted the Veteran's claim for Total Disability Based on Individual Unemployability (TDIU) due to his service-connected disabilities, which include generalized anxiety disorder, right knee ACL tear, tinnitus, painful scar from ACL surgery, left patellofemoral pain syndrome, bilateral plantar fasciitis, cervicogenic headache, and right knee limitation of extension. The Board found that the Veteran's service-connected conditions collectively precluded him from securing or following substantially gainful employment.

The Board found that withholding VA compensation benefits to recoup separation pay in the amount of $13,958.15 was proper and denied the appeal.

The Board has granted service connection for migraine headaches, low back pain, right knee pain, and left knee pain. The appeals for chronic fatigue syndrome and hypertension have been remanded.

The Board has decided to remand the case due to insufficient clarification of a VA opinion regarding the etiology of the Veteran's migraine headaches, which are claimed as secondary to service-connected PTSD and tinnitus. The examiner must address whether the condition pre-existed service and was not aggravated by military service.

The Board has determined that the reduction in ratings for migraines, major depressive disorder, neck disability, lumbar strain with degenerative changes/arthritis, left knee patellofemoral syndrome, and right knee patellofemoral syndrome was improper. The Veteran's original ratings are restored.

The Veteran's left knee and headache disabilities are being remanded for further development. The upper back disability is also being remanded, but the appeal does not involve service connection.

The Veteran's tension headaches are rated at a maximum of 10 percent prior to March 9, 2023, and denied for any higher rating. The Board finds the Veteran's manifestations fully contemplated under the schedular rating.,From March 9, 2023, her tension headaches are rated at 50 percent, which is the maximum allowable rating.

The Board denied the Veteran's claim for a Total Disability Rating Based on Individual Unemployability (TDIU) as his combined schedular rating of 100% rendered the TDIU appeal moot. The Board also dismissed other issues related to increased ratings for PTSD, Crohn's Disease, and associated conditions.

The Board has granted service connection for chronic sinusitis and allergic rhinitis, finding that the Veteran's current disabilities are at least as likely as not related to her in-service symptoms during ACDUTRA.,Service connection is also granted for headaches, with the examiner concluding it is at least as likely as not related to service. However, service connection for sarcoidosis remains pending.

The Veteran's petition to reopen the claim of service connection for major depressive disorder was granted, and he is now entitled to a disability rating. The effective date for this grant is not specified.

The Board has remanded the Veteran's claims for higher ratings for PTSD, TBI, and migraine headaches due to inconsistencies in the VA examination reports and gaps in the treatment records. The Veteran is requested to attend a VA examination to evaluate his current level of severity.

The Board denied service connection for residuals of a head injury, finding no current diagnosis and insufficient evidence linking the claimed condition to active duty service.

The Veteran's headaches were productive of characteristic prostrating attacks at least once a month prior to January 20, 2020 and warrant a 30 percent disability rating.,Since January 20, 2020, the Veteran's service-connected headaches are evaluated at the maximum allowable rating under the applicable diagnostic code.

The Veteran's appeal is being remanded to obtain additional medical opinions regarding the nature and etiology of his migraine headaches, jaw pain and facial spasms, left shoulder, forearm, and hand pain, cervical spine disability, and diplopia (double vision).

The Veteran is entitled to a total disability evaluation based on individual unemployability prior to February 13, 2015 due to his service-connected disabilities. On or after February 13, 2015, the combined rating of his service-connected disabilities does not meet the criteria for TDIU.

The Veteran's headache disability was not incurred during active duty, did not manifest to a compensable degree within one year of separation from service, and is not otherwise related to military service. Therefore, the claim for service connection for a headache disability is denied.