Migraines & headaches decisions — 2024

The Veteran's migraines are granted with a 30 percent evaluation from May 8, 2021. The Board has remanded the issues of service connection for bilateral hearing loss, tinnitus, left ankle strain, right knee pain, and thoracolumbar strain (low back pain).

The Board has granted an initial 10 percent evaluation for the Veteran's headaches, finding that his symptoms more closely approximate characteristic prostrating attacks occurring on average once every two months.

The Board has restored the disability ratings for migraine headaches, TBI and major depressive disorder, and left ankle sprain to their previous levels due to improper reduction.

The Veteran's migraine headaches, peripheral vestibular disability (claimed as vertigo), and overactive bladder are all found to be proximately due or aggravated by their respective service-connected conditions.

The Board finds pre-decisional duty-to-assist errors in the claims for left foot condition, lower back, migraines, and hypertension. The Veteran's service treatment records show potential exposure to toxic substances during deployment but no TERA examination has been conducted.

The Board denied service connection for migraines, finding no evidence of a nexus between the condition and active service or any service-connected conditions.

The Board has remanded the claim of service connection for headaches, including as secondary to his service-connected tinnitus due to inadequate medical opinion and duty-to-assist errors.

The Veteran's sinusitis and rhinitis are granted service connection under the PACT Act, effective from August 7, 2013.,TMJ is granted an increased rating to 30 percent effective February 3, 2021.,Depressive disorder is granted a 70 percent rating effective February 3, 2021.,Tension headaches are denied as not meeting the criteria for a higher than 30 percent rating.,Fibromyalgia remains at its maximum allowable rating of 50 percent.,IBS with GERD is denied as not meeting the criteria for a higher than 30 percent rating.

The Veteran's claims for various conditions, including major depressive disorder with anxious distress and mild neurocognitive disorder, migraines, bilateral hearing loss, degenerative arthritis and lumbosacral strain (sciatica), right knee degenerative arthritis, left knee degenerative arthritis, right hip degenerative arthritis, and left hip degenerative arthritis have been denied. The decision does not address service connection for specific conditions like obstructive sleep apnea, gout, or diabetes mellitus.

The Veteran's PTSD rating was reduced from 70% to 50%, effective December 29, 2022. The reduction is restored and the Veteran's migraine headaches and bilateral pes planus claims are remanded for further review.

The Veteran's migraines were characterized as very frequent and prostrating, leading to a 50% disability rating from March 1, 2017. The effective date remains pending due to the remand.

The Veteran's tension headaches are currently rated at 30 percent, but the Board found that they do not meet the criteria for a higher rating due to lack of very frequent completely prostrating and prolonged attacks productive of severe economic inadaptability.

The Veteran's service-connected disabilities render him unable to secure or follow a substantially gainful occupation, and the Board has granted entitlement to Total Disability Rating Based on Individual Unemployability (TDIU).

The Board has determined that the December 20, 2018 substantive appeal was timely filed due to an error in mailing the Statement of the Case (SOC) to the wrong address.

The Veteran's headache disability is service-connected as secondary to his service-connected allergic rhinitis.

All claims for service connection related to sleep apnea, skin disability (undiagnosed illness), chronic sinusitis, allergic rhinitis, hypercholesterolemia, headache disability, asthma, chronic fatigue syndrome, hypertension/high blood pressure, and type II diabetes mellitus have been dismissed.,The Veteran's appeal was dismissed due to the failure to file a subsequent Notice of Disagreement after filing for Higher-Level Review.

The Board denied the Veteran's requests for earlier effective dates for the grants of service connection for erectile dysfunction, a headache condition, and a left knee condition, as well as entitlement to SMC at the (k) level based on loss of use of a creative organ. The earliest date VA was made aware of these claims is May 22, 2022.

The Board denied the Veteran's claims for service connection for various conditions, finding that no new and relevant evidence had been received to support these claims.

The Veteran's claim for service connection for degenerative arthritis, claimed as secondary to bilateral pes planus, is denied.,Service connection for bilateral pes planus is also denied.

The Board has granted service connection for obstructive sleep apnea on a secondary basis to the service-connected deviated nasal septum with allergic rhinitis. The claim for migraine headaches is remanded due to insufficient medical opinion.