Migraines & headaches Board decisions

The Board has remanded the case due to a duty to assist error in obtaining an adequate VA examination and developing the Veteran's claim of in-service toxic exposure. The Veteran is seeking service connection for migraine headaches, which may be related to his service-connected PTSD and/or toxic exposure in service.

The Veteran's appeal for service connection for migraines as secondary to degenerative arthritis of the lumbar spine was improperly docketed and dismissed due to a procedural error.

The Board has remanded the Veteran's claims for service connection for seizures and headaches due to pre-decisional failures of the duty to assist, including inadequate examinations and failure to obtain relevant records.

The Board has determined that the claims of entitlement to service connection for bilateral hearing loss, a left hand disorder, a right hand disorder, a low back disorder, a left knee disorder, and a right knee disorder, as well as migraine headaches, must be remanded due to pre-decisional duty to assist errors. The Veteran's specific disability pictures will need to be evaluated by VA examiners.

The Veteran's claim for a rating in excess of 100 percent for essential thrombocythemia/myeloproliferative disorder (thrombocythemia) is dismissed as the maximum schedular rating has been assigned.,The Veteran's claim for an earlier effective date prior to August 15, 2019, for a 100 percent rating for thrombocythemia is denied because the increase in disability preceded the claim by more than one year.,The Veteran's claim for an earlier effective date prior to August 15, 2019, for eligibility to Dependents' Educational Assistance (DEA) benefits under 38 U.S.C. Chapter 35 is denied as the criteria were not met prior to that date.

The appeal based on the VA Form 10182 filed in May 2021 is dismissed as it does not identify a specific determination with which the Veteran disagrees.

The Board has determined that there are missing service treatment records and the AOJ should make further attempts to locate these records. The issues of entitlement to service connection for various conditions have been remanded.

The Board denied the Veteran's claim for service connection of migraine headaches, finding that there was no evidence linking her current condition to her military service.

The Veteran's claim for an earlier effective date for cervical strain is dismissed.,The Veteran's claim for an earlier effective date for radiculopathy of the right upper extremity is dismissed.,The Veteran's claim for an earlier effective date for radiculopathy of the left upper extremity is dismissed.,The Veteran's claim for an earlier effective date for migraine and migraine variants is dismissed.,The Veteran's claim for an earlier effective date for MDD is dismissed.

The Veteran's appeal for SMC at the intermediate rate was granted, with two half-steps awarded due to service-connected depressive disorder and obstructive sleep apnea. The Veteran is already entitled to a full step (SMC-L) based on his need for aid and attendance.

The Veteran's migraine headaches are found to have started during service and granted service connection.,There is no evidence of sleep apnea or related disability, and the claim for this condition is denied.

The Board has remanded the claims for bilateral hearing loss, tinnitus, and migraines due to insufficient medical opinions regarding their etiology. The Veteran's service connection claims are being returned to the AOJ for further development.

The Board has denied service connection for tension headaches and has remanded the issue of service connection for a lumbar spine disorder.

The Board has restored a 50% disability rating for tension headaches, effective September 1, 2019, as the evidence did not show an actual improvement in the condition.

The Veteran's appeals for earlier effective dates on various conditions were dismissed as untimely filed. The appeal for PTSD was dismissed because the NOD/VA Form 10182 was not timely with respect to the January 2020 decision, which established an earlier effective date for PTSD. Appeals for endometriosis and migraines/post-traumatic headaches were also dismissed as untimely filed. The appeal for gastritis with IBS was dismissed because no new and material evidence was submitted within one year of the December 2018 rating decision establishing its increased evaluation. An earlier effective date of March 17, 2020 for sinusitis is granted.

The Board has denied the Veteran's claim for service connection for migraine headaches, finding that there is not sufficient evidence to establish a nexus between his current condition and his military service.

The Veteran's migraine headache disability is currently rated at 10 percent, and the Board has found that a remand is necessary to obtain an adequate VA examination and opinion to properly assess the current severity of the service-connected condition.

The Board has remanded the Veteran's claims for service connection due to insufficient evidence regarding whether her left knee condition and migraines were aggravated by active duty service.

The Veteran's service-connected scars status-post ACL repair, left knee, do not warrant a compensable rating.,The Veteran's left knee disability does not meet the criteria for a rating in excess of 10 percent disabling based on limitation of flexion. Separate ratings for painful extension and instability have been granted.,Service connection has been established for right ear hearing loss, chronic sinusitis, and chronic headaches.,Left ear hearing loss service connection is denied.,The Veteran's left knee disability warrants separate 10 percent ratings for painful extension and instability.

The Veteran's TDIU claim is being remanded due to the need for referral to the Director of Compensation Service for extraschedular consideration. The Veteran has multiple service-connected disabilities, but his combined rating does not meet the schedular requirements for a TDIU during any period on appeal.