The Veteran's headaches and right ear hearing loss have been rated as noncompensable. The Board has found that the evidence does not meet the criteria for a compensable rating, including very frequent completely prostrating and prolonged attacks of migraines/non-migraine pain productive of severe economic inadaptability for headaches, or functional impairment from hearing loss. The Veteran's claim is remanded due to insufficient evidence.
The deciding factor: The Veteran’s headache symptoms do not meet the criteria for a compensable rating under DC 8100 as they are not characterized by prostrating attacks occurring on an average once a month over the last several months, and his right ear hearing loss does not meet the criteria for a compensable rating due to insufficient functional impairment.
- Claimed conditions
- Headaches, Right Ear Hearing Loss
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 2, 2023
- Citation
- 23012783
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 23012783.
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.
- Remanded (sent back)
The Board has denied the Veteran's claims for initial compensable ratings for obstructive sleep apnea and headaches, finding that the evidence does not support a finding of persistent daytime hypersomnolence or other manifestations consistent with a compensable disability rating under the criteria established by Diagnostic Codes. The matter is remanded to obtain additional information from the Veteran regarding his headaches and their impact on his daily life.
- Granted
The Veteran's OSA is granted as secondary to PTSD, but his headaches are denied due to lack of service connection.
- Denied
The Board denied the Veteran's claims of service connection for right ear hearing loss and a compensable rating for left ear hearing loss, finding that there was no evidence to support these claims based on in-service noise exposure or other theories.
- Granted
The Veteran's headaches, which manifested as very frequent and prolonged attacks causing severe economic inadaptability, are granted a 50 percent disability rating for the entire period on appeal.
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