Migraines VA Claim Grants

Findings of Fact (verbatim from decision)

1. Resolving reasonable doubt in the appellant's favor, her OSA is due to her service-connected PTSD. 2. Resolving reasonable doubt in the appellant's favor, her migraines are related to her active duty service.

Reasons & Bases (verbatim from decision)

The appellant served on active duty in the United States Army from April 1974 to April 1977. She is the recipient of the National Defense Service Medal. Procedural History These matters come before the Board of Veterans' Appeals (Board) on appeal from December 2008 and May 2018 rating decisions by Department of Veterans Affairs' (VA) Veterans Benefits Administration, the agency of original jurisdiction (AOJ). The December 2008 rating decision, inter alia, denied entitlement to service connection for headaches. The May 2018 rating decision, inter alia, denied entitlement to service connection for OSA and entitlement to service connection for depression. The claims have an extensive procedural history, including Board remands in November 2015, March 2018, and December 2020, and remands from the United States Court of Appeals for Veterans Claims (CAVC) in September 2017 and July 2020. The matters have returned from the December 2020 Board remand for appellate consideration. Of procedural note, the issue of entitlement to an acquired psychiatric disorder was remanded by the Board in its December 2020 decision. Prior to returning to the Board, a January 2023 rating decision granted entitlement to service connection for acquired psychiatric conditions to include PTSD with a 100 percent disability rating effective January 13, 2017.…

Findings of Fact (verbatim from decision)

Throughout the entire appeal period, the Veteran's migraine headache disability manifested with characteristic prostrating attacks averaging once a month over the last several months.

Findings of Fact (verbatim from decision)

1. From February 12, 2018, the Veteran's PTSD symptoms more closely approximates in occupational and social impairment, with deficiencies in most areas, such as work, school, family relations, judgment, thinking, or mood. 2. Resolving all reasonable doubt in the Veteran's favor, his left knee disability is related to service. 3. Resolving all reasonable doubt in the Veteran's favor, his migraine headache disability is related to service.

Reasons & Bases (verbatim from decision)

The Veteran served on active duty from November 2003 to May 2004 and July 2006 to October 2007 to include service in Iraq. The Veteran had additional periods of Reserve duty. This case comes before the Board of Veterans' Appeals (Board) on appeal of rating decisions from June and September 2018 by the Department of Veterans Affairs (VA) Regional Office (RO). The Veteran testified before the undersigned Veterans Law Judge (VLJ) in a June 2022 Board hearing. The case is now before the Board. 1. Entitlement to an increased initial rating for PTSD of 70 percent, but no higher, from February 12, 2018 The Veteran contends he is entitled to an increased rating for his service-connected PTSD. Disability ratings are determined by evaluating the extent to which a Veteran's service-connected disability adversely affects his or her ability to function under the ordinary conditions of daily life, including employment, by comparing his or her symptomatology with the criteria set forth in the Schedule for Rating Disabilities (Rating Schedule). See 38?U.S.C. §?1155; 38?C.F.R. §?4.1. If two ratings are potentially applicable, the higher rating will be assigned if the disability more nearly approximates the criteria required for that rating; otherwise, the lower rating will be assigned. See 38?C.F.R. §?4.7.…

Findings of Fact (verbatim from decision)

1. On June 28, 2022, prior to the promulgation of a decision in the appeal, the Board received notification from the Veteran that a withdrawal of his appeals for entitlement to an effective date earlier than August 20, 2018 for the grant of a 30 percent disability rating for a cervical spine disability, entitlement to a rating in excess of 20 percent for a left shoulder disability, entitlement to a rating in excess of 10 percent for a lumbar spine disability and entitlement to service connection for a diarrhea disability was requested. 2. In a December 2014 decision, the RO denied the Veteran's claim of entitlement to service connection for hypertension and right ankle disabilities. 3…

Reasons & Bases (verbatim from decision)

The Veteran served on active duty from July 2004 to May 2014. These matters are before the Board of Veterans' Appeals (Board) on appeal from a September 2018 rating decision of a Regional Office (RO) of the Department of Veterans Affairs (VA). In June 2022, the Veteran was afforded a Board hearing before the undersigned Veterans Law Judge (VLJ). A transcript of the hearing testimony is of record. The Board additionally notes that the Veteran also previously testified in a January 2020 hearing before a VLJ on issues not presently before the Board which were subsequently adjudicated in a March 2020 Board decision. While the issues are not before the Board, transcript of the hearing testimony is also of record. In the February 2020 statement of the case (SOC), the RO, in part, reopened and then denied the Veteran's claim for service connection for hypertension. The Board points out that regardless of what the RO or AMC has done, the Board must address the question of whether new and material evidence to reopen the claim has been received because the issue goes to the Board's jurisdiction to reach the underlying claims and adjudicate them on a de novo basis. See Barnett v. Brown, 83 F.3d 1380, 1383 (Fed. Cir. 1996). In other words, the Board must find new and material evidence in order to establish its jurisdiction to review the merits of a previously denied claim.…

Findings of Fact (verbatim from decision)

The Board resolves all reasonable doubt in the Veteran's favor by finding that the Veteran's headaches more nearly approximate very frequent, completely prostrating, and prolonged attacks productive of severe economic inadaptability.