The Veteran's appeal was withdrawn regarding the claims of entitlement to an evaluation in excess of 40 percent for the lumbar strain and entitlement to an effective date prior to January 8, 2008 for the award of the increased 40 percent rating for the lumbar strain. The Board also found that his allergic rhinitis did not meet criteria for a compensable evaluation since March 10, 2006, and his bilateral hearing loss was not compensably rated at any time during this period.
The deciding factor: The Veteran's allergic rhinitis and bilateral hearing loss were evaluated based on the applicable rating schedule criteria, which did not meet the required standards for a compensable evaluation under the current schedular criteria.
- Claimed conditions
- migraine headaches, allergic rhinitis, bilateral hearing loss
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- January 9, 2013
- Citation
- 1300760
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. Read the original VA decision (opens in a new tab) using citation 1300760.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: 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.
- Whole decision: 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.
- Whole decision: 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.
- Whole decision: 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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