Migraines & headaches Board decisions

The Board has decided to remand the case due to inadequate compliance with previous directives and an insufficient VA examination. The Veteran's widow is seeking service connection for a headache condition, but the current evidence does not clearly establish whether he had such a condition prior to his entry into active duty or if it was aggravated by service.

The Veteran's service connection for headaches is granted, while his claim for ganglion cyst of the right wrist remains denied. The other issues related to increased ratings are also denied.

The Veteran's migraine headaches and upper airway resistance syndrome are rated at 50% each, effective from the date of the VA examination. The Board also granted TDIU based on his service-connected disabilities.

A rating of 40 percent, but not higher, for lumbar paravertebral myositis is granted.,A rating of 50 percent for migraines is granted.,A rating of 30 percent, but not higher, for right shoulder bursitis is granted.,A rating in excess of 10 percent for left leg radiculopathy is denied.,A rating in excess of 10 percent for right leg radiculopathy is denied.,Entitlement to a total disability rating based on individual unemployability (TDIU) due to service-connected disabilities is remanded.

The Board has decided that the Veteran did not have a hearing loss disability for VA compensation purposes during his lifetime, and thus denied service connection for bilateral hearing loss. The Board also found insufficient evidence to determine if the Veteran had a headache disability related to service, and therefore remanded this issue.

The Board has determined that new and relevant evidence was received to warrant the readjudication of claims for service connection for a blood disability, back disability, and headaches. The claims are remanded due to duty-to-assist errors.

The Veteran's tinnitus is granted as service connected.,The Veteran's left shoulder disorder and migraines are remanded for further examination and opinion.,The Veteran's claims for a left shoulder disorder secondary to right shoulder disorders, and migraines secondary to PTSD are also remanded.

The Board granted service connection for an acquired psychiatric disorder with a rating of 70 percent effective March 13, 2013 and service connection for headaches with a rating of 30 percent effective August 19, 2014. The Veteran's attorney is now eligible for additional fees based on the January 2019 rating decision.

The Board has remanded the case due to a duty to assist error, and requests that another VA clinician provide an opinion on whether it is at least as likely as not that the Veteran's current headache disability had its onset in or is otherwise attributable to his period of active service.

The Veteran's headaches were rated at 30 percent prior to October 30, 2019 and granted a 50 percent rating thereafter. The Veteran is not entitled to an earlier effective date for TDIU or DEA benefits.

The Veteran's claim for increased ratings for his service-connected headaches was denied. The Board found that the evidence did not support a compensable rating prior to December 10, 2018 and a higher 10 percent rating from December 10, 2018 to November 14, 2019. A 30 percent rating was granted as of November 14, 2019.

For the period prior to May 18, 2018, the Veteran's TBI was rated at 40 percent and denied a higher rating.,Since May 18, 2018, the Veteran's TBI has been rated at 70 percent and denied a higher rating.

The Veteran's headaches increased rating claim is dismissed as moot due to the assignment of a total disability rating based on individual unemployability (TDIU) for his service-connected headaches.,SMC benefits are granted from March 20, 2014, given that the Veteran has a service-connected disability rated as total and additional disabilities independently ratable at 60 percent or more.

The Veteran's claim for a higher rating for migraine headaches is remanded due to evidence suggesting a worsening of her condition since the last examination in December 2018. The case will be returned to the AOJ for further action, including obtaining additional medical records and scheduling a VA examination.

The Board dismissed the appeal regarding service connection for PTSD. The appeals to reopen service connection for sinusitis with headaches, allergic rhinitis, and anemia were granted. Service connection was granted for an acquired psychiatric disorder (to include depression and anxiety).

The Veteran's hypertension and headaches were granted service connection, but the hypertension was rated at 10% prior to February 20, 2020, and increased to 50% thereafter. The headaches were initially rated at 10%, but a maximum of 50% rating was granted from September 20, 2020.

The Board has reopened the claim for service connection for headaches due to head injury, but remanded for further development. The back disability claim is also remanded as new evidence suggests a possible nexus to service.

The Veteran's claims for earlier effective dates for increased evaluations of his TBI, spine disorder, right hip strain (limitation of extension), and right hip strain (impairment of the thigh) are denied as it was not factually ascertainable that an increase in these conditions occurred one year prior to June 20, 2018.,The Veteran's claim for restoration of separate service connection award for benign paroxysmal positional vertigo is granted.

The Board has remanded the Veteran's claims due to incomplete records and need for further medical opinions.

The Veteran's depressive disorder is granted as secondary to service-connected lumbar spine and right ankle/heel disabilities.,Service connection for degenerative arthritis of the upper extremities is denied due to lack of evidence.,Insomnia, claimed as secondary to service-connected lumbar spine disability, is dismissed as it is considered a symptom of the Veteran's depressive disorder.,The Veteran’s claim for increased rating and separate compensable ratings for bilateral lower extremity radiculopathy is remanded.,Service connection for migraine headache disorder is remanded due to need for clarification regarding its pre-service existence.