CAVC Case 14-0138: Cervical
CAVCReal U.S. Court of Appeals for Veterans Claims (CAVC) decision · 2013-12-27 · 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
CervicalHearing LossTinnitusShoulderHeadacheTBISkinEyeHypertension
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Issues on Appeal
Service ConnectionHearing Loss
Why It Was Decided This Way
In the December 27,2013,decision on appeal,the Board denied disability compensation for migraine headaches,a central nervous system disability manifested by dizziness,bilateral hearing loss,tinnitus,and a skin disability, to include melanoma.
In the December 2013 decision on appeal,the Board found that the objective evidence established that the appellant does not have a central nervous system disability manifested by dizziness.
Regarding the appellant's claim for migraine headaches,the Board found the VA medical examiner's opinion more probative than the appellant's lay assertions regarding etiology and concluded that the objective medical evidence weighed against finding a nexus between his current disability and service or his other service-connected disabilities.
Regarding the appellant's 5 contentions that he experienced continual symptoms following service, the Board found the appellant's allegations not credible and concluded that the weight of the evidence does not support a finding of continuous symptoms since service.
Discussion The appellant argues that the Board failed to adjudicate the reasonably raised alternative theory of service connection � that his migraine headaches and dizziness are secondary to his service-connected head trauma.
Finally,he argues that the Board provided an inadequate statement of reasons or bases for its decision and failed to explain why it reversed its previously favorable credibility determination.
The appellant is mistaken when he argues that the Board failed to adjudicate whether his migraine headaches are secondary to his service-connected head trauma.
The Board determined that the weight of the evidence is against a finding that a current migraine headache disability is related to service or to the appellant's service-connected disabilities.
Authorities Cited
Denial Type
Credibility|No Nexus|Not Service Connected|Inadequate Exam
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