CAVC Case 11-3732: Depression
CAVCReal U.S. Court of Appeals for Veterans Claims (CAVC) decision · 2011-05-02 · SCHOELEN, Judge
This is a decision of the U.S. Court of Appeals for Veterans Claims — the federal court that reviews Board of Veterans' Appeals decisions, one level above the Board. Court decisions can vacate, reverse, or affirm what the Board did.
Official 2026 VA monthly compensation, including the 2.8% COLA increase.
Dependent add-ons start at a 30% rating. Child-only and dependent-parent rates: see the full 2026 pay chart.
2026 base rates, all ratings (veteran alone)
| Rating | Monthly (2026, incl. 2.8% COLA) |
|---|---|
| 10% | $180.42 |
| 20% | $356.66 |
| 30% | $552.47 |
| 40% | $795.84 |
| 50% | $1,132.90 |
| 60% | $1,435.02 |
| 70% | $1,808.45 |
| 80% | $2,102.15 |
| 90% | $2,362.30 |
| 100% | $3,938.58 |
Conditions Claimed
DepressionAnxietyPsychiatricBackHeadacheHeartRespiratoryTDIU
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Issues on Appeal
Back ConditionService ConnectionEffective DateTDIUIncreased Rating
Why It Was Decided This Way
The Board denied disability compensation for headaches,noting that (1)evidence demonstrating headaches in service related the headaches to the appellant's sinus problems, and the appellant had already been granted disability compensation for sinusitis and rhinitis with headaches,and (2) the August 1999 VA examiner concluded that the appellant's current muscle tension headaches were unrelated to service.
In addressing whether the appellant was entitled to a higher disability rating for sinusitis and rhinitis with headaches,the Board noted that the record contained a physician's May 1995 and June 1996 statements regarding nasal polyps.
In an August 14,2008,decision,the Board denied entitlement to (1)an initial compensable evaluation for seasonal allergic rhinitis and (2)an increased evaluation for sinusitis with headaches.
The Board denied a compensable rating for rhinitis because the evidence of record demonstrate[d]rhinitis without polyps or obstruction of nasal passages, see 38 C.
Specifically,the Court remanded the appellant's claims of entitlement to an earlier effective date for rhinitis and an initial compensable evaluation for rhinitis,and determined that the Board erred by not considering whether the appellant was entitled to a separate disability rating for his headaches.
Finally, he asserts that the Board failed to comply with the Court's June 2010 memorandum decision,which ordered the Board to consider his headaches on a secondary basis.
6 should have provided him a medical examination to determine whether a nexus exists between his present diagnosis of migraine headaches and his headaches in service.
The Board's Decision The Board concluded that the appellant was not entitled to disability compensation for a headache disorder because he was already receiving compensation for headaches as a symptom of his service-connected sinusitis.
Authorities Cited
Denial Type
Credibility|No Nexus|Rating Criteria
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