The Board denied the Veteran's claims for service connection for bilateral hearing loss, lumbosacral disc bulge at L5-S1, migraine headaches, and hypothyroidism status post thyroidectomy (GOITER) as there was no evidence of a current disability in accordance with VA regulations. The Veteran did not have a bilateral hearing loss disability or ankylosis for the purposes of rating her lumbosacral disc bulge at L5-S1. Her migraine headaches were rated 30 percent disabling, and her hypothyroidism was rated 10 percent disabling.
The deciding factor: The Veteran did not have a current bilateral hearing loss disability as determined by VA regulations. The evidence showed that the Veteran's lumbosacral disc bulge at L5-S1 had forward flexion greater than 30 degrees and no ankylosis, which precluded a higher rating under Diagnostic Code 5243. Her migraine headaches were rated based on their frequency of attacks rather than severity, resulting in a 30 percent evaluation. Her hypothyroidism was also rated at the minimum level as it did not meet criteria for more severe ratings.
- Claimed conditions
- bilateral hearing loss, lumbosacral disc bulge at L5-S1, migraine headaches, hypothyroidism status post thyroidectomy (GOITER)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 28, 2021
- Citation
- 21076963
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 21076963.
What this means for you
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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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