CAVC Case 20-5529: Headache
CAVCReal U.S. Court of Appeals for Veterans Claims (CAVC) decision · 2020-04-09 · JAQUITH, 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
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Issues on Appeal
Service ConnectionIncreased Rating
Why It Was Decided This Way
The headache is not prostrating and not related to his herpes zoster outbreaks.
In a June 2018 decision, the Board denied an initial compensable rating for his headaches before September 2014 and denied a rating greater than 10%after that date.
The Board found the examinations more probative because they were provided after extensive review of all pertinent records,to include the Veteran�s reports and statements.
The Board noted that in the June 2010 examination,the veteran reported pain behind the eye in the temporal region once per month,resulting in bedrest for 2 to 3 days, R.
Because his statements in the August 2015 and December 2009 hearing contradicted each other,and because his statements contradicted the more probative 3 June 2010 and October 2011 examinations about prostration,the Board found his statements endorsing prostration occurring before September 2014 to be not credible.
The Board found the veteran's statements as to frequency of his headaches in the time before September 2014 not credible for the same reason.
The Board found that because the veteran contradicted himself on those occasions,his statements were internally inconsistent, and thus not credible.
The Board denied a rating in excess of 10%after September 2014 because the most probative evidence of record � the June 2015 VA examination � established that the veteran's headaches are accompanied by pain that are not characteristically prostrating,nor of very frequent completely prostrating and prolonged attacks productive of severe economic inadaptability.
Authorities Cited
Denial Type
Credibility|No Nexus
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