The Veteran's claim for a higher rating for migraine headaches is denied, as his migraines do not meet the criteria for a higher rating.,Service connection for bilateral hearing loss is denied because there is no evidence of a current disability for VA compensation purposes.,The Veteran's lumbar strain is remanded to determine whether it has progressed to degenerative arthritis and if the associated radiculopathy is related to his service-connected condition.
The deciding factor: The Veteran's migraines do not meet the criteria for a higher rating as they are characterized by characteristic prostrating attacks occurring on average once a month, corresponding to a 30 percent rating under Diagnostic Code 8100.,There is no evidence of bilateral hearing loss disability for VA compensation purposes. The Veteran's service-connected lumbar strain does not meet the criteria for a higher rating as there is no evidence of degenerative arthritis or associated radiculopathy.,The remand is necessary to determine whether the Veteran's lumbar strain has progressed to degenerative arthritis and if his radiculopathy is related to his service-connected condition.
- Claimed conditions
- migraines, bilateral hearing loss
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 3, 2022
- Citation
- 22000012
Veterans Law Judge
Decisions by this judge: 1,874 · Granted: 33% (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 22000012.
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.
- Granted
The Veteran's claim for service connection for migraines was reopened due to new evidence. Service connection is granted for painful scars, but the rating assigned remains at 10 percent. The claims for fibromyalgia and bilateral shoulder disability are denied.
- Granted
The Board has determined that the Veteran's headaches are at least as likely as not caused by his service-connected traumatic brain injury, and thus grants service connection for this condition.
- 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.
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