Service Connection for Migraine Headaches, Lumbar Disc Disease and Cervical Disc Condition

The Veteran served in the United States Army during the Gulf War from November 2001 to March 2002, February 2003 to May 2003 and the Puerto Rican National Guard from 2000 to June 2006.  The Veteran served in Iraq.

The Veteran’s first in service injury occurred in April 2003 during a training exercise when he fell 10 to 15 feet off a bridge and was unconscious.  Unfortunately, his service treatment records are missing this information and treatment.  Because of the absence of in-service documentation, the VA continued to deny the Veteran’s claim for many years.  As a result, he eventually hired our veterans disability law firm to help him.

Given the lack of documentation of the injuries in service, we went to work to obtain several buddy statements from witnesses and from his treating medic at the scene.  The Veteran stated that this was when his migraine headaches began.  In another accident during active duty training the Veteran fell off a Humvee injuring his lower back and neck in October 2004.  From these two incidents the Veteran was suffering from migraines, chronic back pain, and chronic neck pain.

We decided a medical expert’s report would help in proving the Veteran’s claims.  We hired one of our medical experts to review the service records and the eyewitness/buddy statement accounts.   The medical expert was able to tie the accidents together and illustrate and connect the origin of the Veteran’s injuries and the ongoing conditions.  We did extensive research and prepared thorough legal arguments.  We then submitted our arguments and expert reports as new evidence. As a result, in a March 2018 rating decision we were granted service connection for migraine headaches at 30%.  We then filed an NOD and, in a June 2019 decision, the rating was increased to 50% effective April 2009.  We pushed forward as there had been no mention of the neck and back injuries, and in an April 2020 decision, we finally obtained service connection for lumbar disc disease at 40%  rating effective July 2010 and service connection for cervical disc condition at 20% rating also effective July 2010.