The Veteran's initial 10% disability rating for photophobia from July 20, 2014 to September 22, 2021 is granted. The Board also finds that a separate compensable rating for both photophobia and migraine headaches associated with photophobia since September 22, 2021 is not permissible due to pyramiding. The Veteran's facial scarring associated with the service-connected burn injury to the eye area remains unresolved as no VA examiner has adequately documented any relevant facial skin impairment.
The deciding factor: The Board found that a separate compensable rating for both photophobia and migraine headaches was not permissible due to pyramiding, where the same manifestation or symptom of disability under various diagnoses is prohibited practice.
- Claimed conditions
- photophobia, facial scarring
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 5, 2024
- Citation
- A24052906
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 A24052906.
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 Veteran's claims for service connection for residuals of a traumatic brain injury, seizure disorder, photophobia, and headaches are being remanded due to the need to obtain Social Security Administration records.
- Remanded (sent back)
The Board has remanded the case due to a duty-to-assist error, specifically failing to obtain an opinion regarding whether the Veteran's current bilateral eye disability is related to service exposure to burn pits. The AOJ should obtain such an opinion.
- Granted
Service connection is granted for dry eye syndrome, photophobia, and right knee PFPS. Service connection for right shoulder strain and left shoulder strain is remanded.
- Dismissed
The Board has dismissed all issues related to service connection and rating for various conditions, including migraines, traumatic brain injury, tinnitus, facial scarring, back disability, radiculopathy of the lower extremities, acne, chest and back scars, and pseudofolliculitis barbae. The Veteran withdrew his appeal prior to a decision being made.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.