The Veteran's claim for service connection for bilateral hearing loss has been reopened and a new rating of 50 percent is granted effective March 30, 2012.,A rating in excess of 10 percent for migraine headaches was dismissed as moot due to the restoration of the 50 percent rating.
The deciding factor: The evidence received since the May 1992 denial showed a current diagnosis for bilateral hearing loss and improvement in the Veteran's migraines, warranting a reduction from 50% to 10%. However, the reduction was improper as there was no actual improvement in the Veteran's ability to function under ordinary conditions of life and work.
- Claimed conditions
- bilateral hearing loss, migraine headaches
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- 50%
- Decision date
- May 13, 2021
- Citation
- 21029566
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 21029566.
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.
- 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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