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Partly grantedPACT Act

The Veteran's claim for an initial rating of 50 percent for migraines is granted. The claim for service connection for tinnitus is granted. The claim for service connection for bilateral hearing loss is denied. The claims for service connection for a pelvic disability as a residual of a Cesarian section and for a Cesarian section scar are remanded.,The Veteran's claim for service connection for tinnitus is granted, as it is etiologically related to noise exposure during active military service. The claim for bilateral hearing loss is denied due to lack of evidence of current disability meeting VA criteria. The claims for service connection for a pelvic disability and for a Cesarian section scar are remanded.,,,

The deciding factor: The Veteran's migraines most nearly approximate very frequent completely prostrating and prolonged attacks that leave her unable to work or care for her family, warranting a maximum 50 percent evaluation under Diagnostic Code 8100.,Service connection is warranted for tinnitus as it is etiologically related to noise exposure during active duty service. The Veteran's lay statements are sufficient to demonstrate the presence of the first element of service connection—a current disability.,The record does not establish a hearing loss disability for VA purposes, and therefore, the claim for bilateral hearing loss is denied.,The Veteran has provided competent and credible statements describing chronic pelvic pain and loss of sensation around her surgical scar. The Board finds that all elements necessary for establishing service connection are met.,A VA examination and medical opinion are necessary to determine the nature and etiology of any current present pelvic disabilities related to the July 31, 2009 in-service Cesarian section.

Claimed conditions
migraines, tinnitus, bilateral hearing loss, pelvic disability (residual of Cesarian section), Cesarian section scar
How they argued it
Not specified
Exposure basis
None
Rating assigned
None in this decision
Decision date
July 11, 2019
Citation
19153866

Veterans Law Judge

M. H. HAWLEY

Decisions by this judge: 1,104 · Granted: 28% (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 19153866.

What this means for you

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