BVA Case 09-4612: Psychiatric

On May 23,1989,the Board denied a disability rating for headaches in excess of 10%.

The Board found that although the appellant experienced recurrent headaches,for which he takes several medications,he obtained partial improvement through the use of Inderal and 2 [c]haracteristic prostrating attacks occurring on an average of one per month over several months ha[d]not been clinically documented.

The Board found that the recent medical evidence of record showed a diagnosis of chronic vascular-type headaches,which 3 the appellant consistently described .

The Board concluded that a 30%disability rating was warranted because the evidence was consistent with 'characteristic prostrating attacks,'averaging one per month over the last several months,as contemplated under [38 C.

Finally,the Board found that extraschedular consideration pursuant to 38 C.

The Court found that the the same [wa]s true for the appellant's second argument,that the Board erred in its March 1994 decision by declining to award an extraschedular rating for his service-connected headaches under 38 C.

5 With regard to the appellant's first and second allegations of CUE,the Board concluded that the appellant's arguments amounted to a disagreement with the weighing of the evidence,which cannot constitute CUE.

With regard to the appellant's third allegation,the Board found that the issue of entitlement to a TDIU rating was not raised by the appellant's December 1987 statement or the record in 1994.