Migraines & headaches Board decisions

The Veteran's migraine headaches were rated at a 50 percent effective from December 20, 2019, but the Board granted an earlier effective date of May 27, 2017 for this rating.

The Board has remanded several issues related to the Veteran's service connection claims due to incomplete military records and need for further examination.

The Veteran's service-connected migraine headache disability has at least as likely as not resulted in impairment approximating very frequent completely prostrating and prolonged attacks productive of severe economic inadaptability since the date of his January 2020 increased rating claim for the disability, but there is no evidence that makes it factually ascertainable that the Veteran experienced an increase in severity of the disability in the one-year period prior to his January 2020 increased rating claim. As such, a 50 percent rating for migraine headaches, effective January 28, 2020, but no earlier, is granted.

The Board has denied the Veteran's claims for service connection for various disabilities, including right hip, left hip, right knee, left knee, cervical spine, neuropathy of upper and lower extremities, and migraines. The reasons given include lack of evidence linking these conditions to service.

The Veteran's claims for service connection for headaches and entitlement to Dependents' Educational Assistance (DEA) are denied as the effective dates cannot be earlier than June 17, 2019.

The Board has determined that the Appellant's period of inactive duty for training (INACDUTRA) where he sustained an injury in the line of duty qualifies him for basic eligibility for VA benefits, including service connection.

The Veteran's claims for increased ratings for tension headaches and lumbar strain are being remanded due to procedural issues with the January 2020 VA examination.

The Board dismissed the appeals for service connection for migraine headaches, chest pain, irritable bowel syndrome, chronic fatigue syndrome, and dizziness as they were deferred in a December 2020 rating decision.

The Veteran's appeal for an increased rating of migraine headaches has been granted. The case is remanded to determine service connection for a GI disorder, including spastic colitis, reflux esophagitis, and IBS.

The Veteran has withdrawn his appeals for increased ratings for migraine headaches and a separate rating for traumatic brain injury.

The Veteran's initial 30 percent rating for migraines is being remanded due to the inadequacy of the June 2020 VA examination and the need for a new opinion considering all symptoms, including non-pain symptoms.

The Veteran's claims for service connection for right knee arthritis, diabetes mellitus, and right hallux valgus were denied as new and relevant evidence did not tend to prove or disprove the elements of service connection.,The Veteran's claims for service connection for tension headaches secondary to PTSD and obstructive sleep apnea secondary to PTSD are granted.

The Veteran's service-connected disabilities, including bilateral hearing loss, PTSD, and various musculoskeletal conditions, render him unable to secure or maintain substantially gainful employment. The Board has granted a TDIU based on the combined effect of these disabilities.

The Veteran's appeal includes multiple issues related to service connection for various disorders, including left knee disorder, cervical spine disorder, left hip disorder, left ankle disorder, headache disorder, hearing loss, tinnitus, and upper extremity radiculopathy. The Board has determined that these claims are remanded due to the need for additional evidence.

The Veteran's tension headaches are rated at a 30 percent disability rating, which is the highest schedular rating under Diagnostic Code 8100. The Board found that the Veteran experiences characteristic prostrating attacks occurring on average once a month over the last several months, corresponding to the criteria for a 30 percent rating.

The Board has granted service connection for tinnitus. The remaining issues of entitlement to service connection for various orthopedic and psychiatric disabilities are remanded due to a duty to assist error.

The Board denied the Veteran's motions to reverse or revise on the basis of clear and unmistakable error (CUE) in several rating decisions denying service connection for various conditions. The Veteran argued that VA failed to consider a truck accident during his military service, but the Board found no CUE as there was not clear evidence establishing the occurrence of the MVA.

The Veteran's TBI, migraines, and head scars were granted increased ratings in the February 2023 rating decision. The case also resulted in service connection for GERD at a 10% evaluation.

The Board dismissed the appeal regarding the timeliness of the VA Form 9 because it was determined that the form was timely and the legacy appeal is being processed by the AOJ.

The Board has granted service connection for loss of the skull of both inner and outer tables with brain hernia, osteitis of otic capsule, headaches, and papilledema, all secondary to radiation treatment for pleomorphic adenocarcinoma.,An initial disability rating higher than 10 percent for left temporal lobe encephalocele is denied.