Migraines & headaches decisions — 2024

The Veteran is seeking a higher level of special monthly compensation (SMC) based on the need for regular and aid and attendance for cerebral dysfunction with dementia, major neurocognitive disorder and major depressive disorder due to traumatic brain injury with chronic fatigue, fainting, and dizziness at the rate specified under 38 U.S.C. § 1114(t). The AOJ must adjudicate this claim.

The Board has granted the restoration of a 30 percent rating for service-connected tension headaches effective October 31, 2022. The Veteran's condition did not improve to the point that he was better able to function under ordinary conditions.

The Board has remanded the claim of service connection for migraine headaches due to new evidence received, and a supplemental VA opinion is needed regarding the nature and etiology of the Veteran's migraines.

The Veteran's claim for service connection for weight gain is denied as obesity, to include weight gain and/or weight fluctuation, is not a disability for VA compensation benefits purposes.,The Veteran's claim for an increased rating for migraine headaches is granted with a 50 percent evaluation effective May 19, 2022. The criteria for the maximum 50 percent rating are met as she experiences very frequent completely prostrating and prolonged attacks of headache pain.

The Board dismissed the Veteran's appeals for a higher initial rating for PTSD prior to April 22, 2021 and for TDIU and DEA benefits prior to that date. The Veteran was previously granted a 70% rating for PTSD effective November 5, 2010, but not higher.

The Veteran's claim for service connection for migraine headaches, including as due to obstructive sleep apnea, is remanded due to inadequate VA examination and a duty to assist error.

The Veteran's migraine headaches are rated at 50 percent, effective December 3, 2024. The rating for her right hip coxa valga is denied. Her acquired psychiatric disorder is restored to a 70 percent evaluation, effective August 1, 2021.

The Veteran's attempts to reopen service connection claims for migraines, sleep apnea, and IBS were dismissed because he did not file a timely Notice of Disagreement (NOD) as required by VA regulations.

The Board has determined that the effective date for SMC based on the need for regular aid and attendance for the Veteran's spouse should be prior to June 20, 2020. The claim is being remanded due to a failure to obtain relevant medical records from the Veteran's spouse.

The Veteran's bilateral hearing loss and tinnitus claims are denied as there is no evidence of a current disability or in-service incurrence.,The Veteran's left knee claim is denied as there is no evidence of a current disability or in-service incurrence. The Veteran's migraine headaches claim is remanded for further development.

The Board has determined that the VA did not make reasonable efforts to obtain all relevant private treatment records and additional medical examinations are needed to assess the severity of the appellant's disabilities. The claims for increased ratings will be remanded.

The Veteran's claim for service connection for a headache disorder is denied as there is no competent or credible evidence to suggest that any validly diagnosed headache disorder is etiologically related to his in-service service.,The Veteran's claims for service connection for right hand thumb, index finger, middle finger, ring finger, and pinky finger disorders are all denied as there is no competent or credible evidence to suggest that any validly diagnosed right hand disorders are etiologically related to his in-service service.

The Veteran's claim for service connection for Pseudofolliculitis Barbae (PFB) was dismissed as the AOJ had already granted it in a September 2024 rating decision. The claims for flat feet, prediabetes, dehydration, acquired psychiatric disorder, hypertension, right toe disability, disability associated with painful urination, and erectile dysfunction were denied due to lack of evidence showing their onset during service or being related to service.

The Board has decided to remand the case due to insufficient medical opinion regarding whether the Veteran's headaches are caused or aggravated by his service-connected tinnitus.

The Veteran's service-connected migraines are granted a 50 percent disability rating for the entire period on appeal, as his headaches meet the criteria of very frequent completely prostrating and prolonged attacks productive of severe economic inadaptability.

The Board dismissed the Veteran's appeal regarding his headache disability. The back, vertigo, pulmonary nodule, and thyroid nodules claims were denied as there was no evidence of a service connection.

The Board has granted service connection for the Veteran's migraine headaches, finding that they began in-service and have continued to the present. The claim is based on direct evidence rather than secondary or presumptive service connection.

The Board has remanded the claims for entitlement to service connection for treatment purposes only under 38 USC chapter 17, for residuals of a head injury, a headache disorder, and bilateral hearing loss due to pre-decisional duty-to-assist errors. The appellant is incarcerated at Pontiac Correctional Center in Illinois.

The Board dismissed the Veteran's claims for service connection for various conditions as the November 2020 AOJ letter was not an appealable decision.

The Veteran's appeal for SMC based on the need for regular aid and attendance or being housebound was denied due to lack of evidence showing he is in need of such assistance. The appeal for a compensable rating for erectile dysfunction was also denied as there is no schedular rating for loss of use of a creative organ alone.