The veteran's claims for increased ratings were denied, except for a 30 percent rating for post-traumatic headaches from July 31, 2001 to July 27, 2008.
The deciding factor: The evidence did not support the assignment of higher ratings based on the severity and impact of the veteran's conditions as described by the applicable rating criteria.
- Claimed conditions
- Dysthymic disorder, Post-traumatic headaches, Residuals of bilateral tympanoplasty with bilateral hearing loss
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 2, 2009
- Citation
- 0900126
Veterans Law Judge
Decisions by this judge: 1,419 · Granted: 21% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 0900126.
What this means for you
A partial grant means some issues were granted while others were denied or remanded — common in multi-issue claims. Look at which issues went which way, and how each was argued.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Veteran's post-traumatic headaches are currently rated at the maximum schedular rating of 50 percent, and there is no evidence to support a higher rating. The Board has determined that an extraschedular evaluation is not warranted.
- Remanded (sent back)
The Veteran's post-traumatic headaches are granted a 50 percent rating, but the Board has remanded his claim for service connection of OSA due to a pre-decisional duty-to-assist error.
- Denied
The Veteran's claims for increased ratings for post-traumatic headaches, PTSD with TBI, left non-dominant shoulder instability subluxation chronic with clavicle dislocation, recurrent dislocation, and cervical strain with muscle spasms were denied as the Veteran failed to appear at scheduled VA examinations without providing good cause.,The Veteran's claims for increased ratings for non-dominant shoulder instability subluxation chronic with clavicle dislocation and left non-dominant shoulder instability subluxation chronic with recurrent dislocation were also denied due to failure to appear at the scheduled VA examinations.
- Granted
The Board found that the appellant's misconduct was mitigated by his combat-related experiences and mental health symptoms, leading to a decision granting VA benefits despite his bad conduct discharge.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.