The Veteran's migraine headaches are rated at 10 percent, but the Board finds that they more closely resemble a condition warranting a 30 percent rating due to characteristic prostrating attacks occurring on an average once a month over several months. The issues of service connection for bilateral hearing loss and tinnitus are being remanded.
The deciding factor: The Veteran's migraine headaches have been shown to cause characteristic prostrating attacks approximately once per month, which is more than the required frequency for a 30 percent rating under DC 8100. However, there is no evidence of very frequent completely prostrating and prolonged attacks resulting in severe economic inadaptability.
- Claimed conditions
- migraine headaches
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 17, 2010
- Citation
- 1035141
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 1035141.
What this means for you
A remand is not a loss. The Board sent the case back for more development — often a new exam or missing records — before making a final decision. Many remands later end in a grant, and the decision spells out exactly what the Board wanted to see.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- 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 remanded the cases for additional development due to incomplete medical records and insufficient opinions regarding the relationship between service, including a stick injury in England, and current left eye disability (including amblyopia and cataracts) as well as migraine headaches.
- Granted
The Veteran's migraine headaches are productive of very frequent, completely prostrating and prolonged attacks capable of producing severe economic inadaptability. The Board has granted a 50 percent disability rating for the Veteran's service-connected migraine headaches.
- Granted
The Veteran's claim for a higher rating for his service-connected migraine headaches was granted with an effective date of February 28, 2023.
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