BVA Case 22039631: Back
BVAReal Board of Veterans' Appeals decision · July 12, 2022 · B. MULLINS
Conditions Claimed
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 |
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Issues on Appeal
BackHipHeadacheTBIEye
Why It Was Decided This Way
In February 2022, CAVC evaluated the Board's April 2021 decision and determined that the Board erred in failing to provide an adequate statement of reasons or bases in support of its findings and conclusions.
Specifically, in denying the Veteran's claim of entitlement to a compensable rating for service-connected headaches prior to August 13, 2020, the Board concluded that a review of the medical evidence for the stated time frame failed to document headaches of sufficient severity or frequency to warrant an evaluation of 10 percent disabling.
In denying the Veteran's claim, the Board failed to discuss this evidence.
Accordingly, on remand, the Board must provide an adequate statement of reasons and bases for its findings and conclusions, to include an analysis of the frequency and severity of the Veteran's headaches.
As to the Veteran's claim of entitlement to an evaluation in excess of 30 percent disabling for post-concussive headaches from August 13, 2020, forward, the parties agree that a remand is warranted as the Board failed to provide an adequate statement of reasons or bases for its findings and conclusions because it did not provide a sufficiently clear analysis as to whether the Veteran's headaches were capable of producing severe economic inadaptability.
In rendering its April 2021 decision, the Board failed to provide substantive corroborating evidence in support of the finding that the Veteran's headaches did not produce severe economic inadaptability or rendered unable to work.
As to the Veteran's claim of entitlement to service connection for a back disability, the Court found that the Board failed to provide an adequate statement of reasons or bases for determining that the October 2020 VA examination was adequate.
The Court notes that the Board failed to acknowledge or address this apparent discrepancy or resolve the conflict in providing a negative nexus opinion.
Authorities Cited
Regulations Cited (38 CFR / 38 USC)
Denial Type
No Nexus
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