The veteran's post-concussive migraine headaches are currently rated at the maximum available under Diagnostic Code 8100, and no higher.,Prior to December 2, 2005, his bilateral hearing loss was rated as 10 percent disabling. After that date, it is rated as 40 percent disabling.,The veteran's claims for increased ratings are denied.
The deciding factor: The veteran's post-concussive migraine headaches have already been assigned the maximum schedular rating available under Diagnostic Code 8100. No higher evaluation can be granted due to the provisions of 38 C.F.R. § 4.14 (pyramiding).,Prior to December 2, 2005, his bilateral hearing loss was manifested by level V hearing in both ears, warranting a 10 percent disabling evaluation under Diagnostic Code 6100. After that date, the veteran's bilateral hearing loss is manifested by level VII hearing in both ears, warranting a 40 percent disabling evaluation.,The criteria for an increased rating are not met as there is no evidence of exceptional patterns of hearing impairment or other factors indicating that the schedular ratings are inadequate.
- Claimed conditions
- post-concussive migraine headaches, bilateral hearing loss
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 11, 2008
- Citation
- 0830789
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation 0830789.
What this means for you
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What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Dismissed
The Veteran's appeal for service connection of bilateral hearing loss and a ruptured right ear drum was dismissed due to the death of the Veteran.
- Denied
The Board found that the Veteran's bilateral hearing loss was noted upon entry into active duty service and did not increase in severity during service. Therefore, it denied his claim for service connection.
- Remanded (sent back)
The Board has remanded the claims for bilateral hearing loss, migraine headaches, and PTSD due to additional development of records and examination.
- Remanded (sent back)
The Board has decided to remand the case due to insufficient evidence regarding the Veteran's bilateral hearing loss claim, specifically needing an addendum opinion from a VA examiner. The Veteran will be asked to provide any missing records and former employers' information.
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