Migraines & headaches decisions — 2024

The Veteran was unable to maintain substantially gainful employment due to service-connected disabilities from January 25, 2007 to July 23, 2008. The Board granted a TDIU for this period.

The Veteran's appeal for TDIU, DEA benefits, and SMC prior to October 2, 2017 was denied. The Board found that the Veteran did not meet the schedular criteria for a total disability rating based on individual unemployability during this period due to his service-connected disabilities. The Veteran also did not have a permanent total service-connected disability in effect prior to October 2, 2017. Effective April 19, 2021, but no earlier, the Veteran was granted SMC benefits based on individual unemployability.

The Board denied the Veteran's claim for an increased rating in excess of 30 percent for his service-connected tension headaches, finding that the evidence did not show very frequent completely prostrating and prolonged attacks productive of severe economic inadaptability.

The Veteran's increased rating for migraine headaches is granted at a 50 percent disability rating effective June 5, 2020. The Board found that the Veteran experienced very frequent prostrating and prolonged attacks of migraine headaches productive of severe economic inadaptability.

The Veteran's service-connected mild neurocognitive disorder due to a TBI and post-concussion headaches are currently rated at 40 percent prior to January 8, 2024. The Board found the evidence did not support an increased rating.

The Board has granted service connection for tinnitus, but the issue of service connection for migraine headaches is remanded due to a duty-to-assist error.

The Board has remanded the Veteran's claims of service connection for tinnitus and migraines due to inadequate medical opinions and a need for further examination.

The Veteran's migraine headaches have been rated at 50% effective October 6, 2020. The condition is considered very frequent and completely prostrating with prolonged attacks that significantly impact her economic adaptability.

The Veteran's service-connected tension headaches are rated at a 30 percent disability rating, reflecting characteristic prostrating attacks occurring on average once a month over the last several months.

The Veteran's claim for increased ratings and effective dates for his service-connected conditions was denied. He is now receiving a TDIU.

The Veteran's claim for an initial compensable rating for a buttocks scar, post cyst removal is dismissed. The claims for service connection of migraine headaches in the period prior to April 27, 2020, ED, right arm rheumatoid arthritis, and left arm rheumatoid arthritis are remanded.

Service connection for arthritis of the lumbar spine is granted. The appeals for insomnia, tension headaches, and right leg radiculopathy are remanded for further development.

The Board has dismissed the appeal of five service connection issues due to an improper docketing error, resulting in duplicate appeals. The Veteran's claims will be considered under a separate hearing docket.

The Board has determined that the VA examination and opinion obtained prior to the September 2021 rating decision were inadequate due to a lack of consideration of whether the Veteran's headaches are related to service, including head injuries. The Board also found that the AOJ had not obtained all relevant VA treatment records from Pensacola VA clinic. Therefore, the claim is being remanded for further development.

The Board has decided that service connection for plantar fasciitis is denied. The remaining claims of service connection for allergic rhinitis, sinusitis, bronchitis with chronic cough, anxiety, depression, insomnia, headaches, acid reflux with nausea, benign prostatic hyperplasia with voiding dysfunction, kidney stones, cervicalgia, lumbago, sciatica, bilateral carpal tunnel syndrome, bilateral elbow epicondylitis, a left knee condition, and right knee strain are remanded for further development.

The Veteran's claim for service connection for migraine headaches was denied multiple times, including in a June 2019 rating decision. The effective date of the grant of service connection is set at February 10, 2021.

The Board has accepted the September 8, 2020 NODs as timely filed for the November 25, 2014, August 8, 2017, and May 14, 2018 rating decisions. The issues of increased ratings for headaches and a psychiatric disability, and entitlement to TDIU are remanded.

The Veteran's claim for service connection for unspecified anxiety disorder is granted. Claims for service connection for migraines and sleep apnea are denied.

The Veteran's migraines are now rated at 50 percent effective October 18, 2019. There is no higher rating available under the law.

The Veteran's initial disability rating for sleep apnea is denied as the condition does not meet the criteria for a higher rating.,A 50 percent disability rating for migraine headaches is granted throughout the appeal period, with the effective date being January 26, 2016.