Key Snippets
- VA migraine ratings range from 0% to 50% based primarily on the frequency and severity of migraine attacks and, for a 50% rating, their economic impact, as shown by the evidence.
- Documenting all symptoms associated with migraine attacks may help VA determine whether the attacks satisfy the applicable rating criteria. If a service-connected condition caused or aggravated the migraines, the migraines may qualify for secondary service connection and may affect the Veteran’s combined disability rating.
- TDIU may be available when disabilities are related to your service, including migraines, prevent a Veteran from securing or following substantially gainful employment, subject to VA’s TDIU rules.
Your Search for Help Ends Here.
Get FREE Legal Advice Now!
Book Consult
Call NowThe minute you sign with Shuman Legal® – we start working.
VA Disability Ratings for Migraine Headaches
Knowledge is power when it comes to VA disability benefits. VA considers the frequency and severity of migraine attacks and, at the 50% level, their duration and economic impact. Possible ratings are 0%, 10%, 30%, and 50%. A prostrating migraine generally refers to an attack that produces powerlessness or a lack of vitality; whether an attack is prostrating depends on its actual effects.
It is imperative that Veterans have an understanding of the VA’s rating criteria for migraines prior to submitting a disability claim. Since there is no time frame established by the VA regarding what constitutes a “Prolonged” migraine, the determination of the highest rated disability is subjective and can vary from case to case. This is why documentation of a Veteran’s migraine condition is crucial.
Criteria for a 0% to 50% Rating
The VA determines disability ratings based on the amount of disruption caused to a Veteran’s lifestyle due to their migraines, using the VA’s standard for rating migraines. A noncompensable (0%) disability rating applies when the migraine attacks are less frequent than required for a 10% rating. A 10% rating generally applies to characteristic prostrating attacks averaging one every two months over the last several months.
A 30% rating generally applies to characteristic prostrating attacks occurring on average once a month over the last several months. A 50% rating applies to very frequent, completely prostrating and prolonged attacks that produce or are capable of producing severe economic inadaptability; complete inability to work is not required.
Identifying a Prostrating Migraine
What exactly is a ‘prostrating’ migraine? Courts interpreting VA’s migraine criteria describe a prostrating attack as one that typically produces powerlessness or a lack of vitality.
Needing to lie down or retreat to a dark room may be evidence that an attack is prostrating, but VA considers the overall effects of the attack. Identifying this could help you obtain the VA compensation you need.
Evidence showing how migraines affect work can be important, but a Veteran does not have to prove that they will never work again to receive migraine disability compensation.
Documenting Migraine Frequency and Intensity
VA claims rely heavily on documentation. Veterans may strengthen a migraine claim by keeping a diary of attacks, including their frequency, duration, severity, and effects on work or daily activities.
You may submit a personal statement describing the frequency, severity, and effects of your migraines. If you accurately document and describe the frequency and severity of your migraines and their effect on your daily functioning, your personal account may help VA determine the disability rating supported by your evidence.
Documenting Evidence Relevant to Your Migraine Disability Rating
While living with a chronic condition such as migraines can be very difficult, there are several tactics that may assist you in increasing your VA disability rating. Documenting new symptoms and/or documenting an escalation in how much your migraines disrupt your day-to-day routines will also help document your claim for an increased rating. Documenting increases in either the frequency or duration of migraine attacks will provide additional documentation that supports a higher disability rating.
To supplement the documentation you have recorded about your migraines, gather testimonials. Testimonials from employers, coworkers, and family/friends who have observed the effects of your migraines on your ability to function daily and maintain employment can offer supporting documentation to substantiate your claim for TDIU.
Leveraging Secondary Conditions
Veterans experience migraine headaches resulting from many different types of service-related injuries, including:
- Depression
- PTSD
- Traumatic brain injury (TBI)
- Spinal injury
- Eye injury
If VA determines that a service-connected condition caused or aggravated the migraines, the migraines may qualify for secondary service connection and may affect the veteran’s combined disability rating.
A veteran’s primary and secondary conditions can include the development of migraines that lead to depression, insomnia, etc., and therefore could increase the veteran’s total VA rating. Thus, it is beneficial for the veteran to examine all of his/her health issues when developing their VA disability claims.
Applying For TDIU for Severe Migraine Cases
TDIU can provide compensation at the 100% rate when service-connected disabilities prevent a Veteran from securing or following substantially gainful employment. You may qualify for TDIU if service-connected disabilities prevent you from securing or following substantially gainful employment, even though some marginal employment may still be possible.
In order to apply for TDIU, veterans need to gather medical evidence and supporting documentation showing that their migraines and/or the combination of their migraines with their other service-connected disabilities prevents them from being employed. Frequent migraine-related absences can support a TDIU claim if the service-connected disability prevents you from securing or following substantially gainful employment.
Your Search for Help Ends Here.
Get FREE Legal Advice Now!
An experienced Veteran Disability Appeals Attorney knows what needs to be done. The minute you sign with Shuman Legal® – we start working.
Navigating the Service Connection for Migraine Claims
The process of filing an effective VA claim for your service-connected migraine headaches can be very difficult. First, veterans who develop migraines while serving may do so as a result of traumatic head injury, concussion, neck injury, or toxic chemical exposure during their service. A VA disability attorney can help you develop and present evidence supporting service connection for migraines, including medical documentation, migraine history, and evidence addressing a medical nexus to military service.
In spite of the challenges associated with establishing a service connection for migraines, it is possible that a Compensated Pension (C&P) examination may be ordered by the VA to determine if your migraines were incurred or aggravated as a result of your military service. This C&P examination will be done either by a VA representative or by an independent contractor/medical provider hired by the VA at no expense to you. A veteran’s disability lawyer may be able to help the veteran in the process of filing a claim if there is disagreement over the diagnosis of his/her migraines, or if it is difficult to determine that the veteran has developed migraines as a result of his/her military service.
Direct Service Connection: Combat and Non-Combat Causes
Direct service connection requires evidence linking the migraines to military service; the claim does not have to be classified as combat versus non-combat. Combat-related stressors causing migraines include blast noise and explosions common in war zones.
Conversely, non-combat causes of service-related migraines can include in-service exposures to environmental hazards such as burn pits and chemical solvents.
Obtaining and Presenting Medical Nexus Opinion
One important element in providing evidence to show that your migraines are related to your military service when applying for VA disability benefits is obtaining a medical nexus opinion. A nexus opinion may come from an appropriately qualified medical professional; a referral from a primary-care physician to a neurologist is not universally required. An appropriately qualified medical professional may provide an opinion about the diagnosis and whether the migraines are related to military service.
In order to establish a direct service connection for migraines, it is likely going to be necessary to present some form of evidence showing that in-service events occurred which may have triggered or contributed to your service-connected migraines, which also includes having a migraine headache diagnosis.
Essential Tips for Filing Your VA Claim for Migraines
Filing a VA claim for a service-connected disability can be overwhelming — especially when dealing with the debilitating pain associated with migraines. A migraine disability claim is generally filed using VA Form 21-526EZ or VA’s online application, while medical records and a migraine DBQ may be submitted as supporting evidence.
Submission of the documented history of your migraine episodes, along with letters written by people who have witnessed the effects of your migraines, will serve to assist in supporting your claim for a VA disability.
A current Headaches (Including Migraine Headaches) Disability Benefits Questionnaire can provide useful medical evidence about the severity of your migraines. The DBQ is a structured format that helps provide valuable evidence to support your claim. When properly completed, it serves as one of many pillars of support for your claim.
Gathering Comprehensive Medical Evidence
Comprehensive medical evidence forms the basis of a strong VA disability claim. A well-documented headache/migraine diary can help you establish and demonstrate patterns in both your migraine attacks and the potential triggers/periods of recovery. A qualified healthcare professional can help document a migraine diagnosis and symptoms, and a neurologist may be useful in more complex cases. Misdiagnosis of migraines could significantly weaken your VA claim.
In addition to developing an adequate record based on your own documentation and/or professional diagnosis, another area that provides substantial value to a VA migraine rating is the use of personal testimonies. The use of documentation of migraine episodes in your medical records, as well as the results of your treatments and consults with qualified healthcare providers, will provide important information for VA to make a determination about how to appropriately rate you for migraines. Documentation of the severity and frequency of your migraines through personal statements and/or letters from witnesses can greatly enhance the strength of your disability claim.
Developing Your Personal Statement
The Personal Statement is an opportunity for you to tell your own story. A personal statement may also create a narrative or other way to show the individual effect that migraines have on your life as compared to the objective medical documentation in a VA disability claim. Be sure to discuss the migraines’ effects upon your day-to-day activity, social interaction, and general health and wellness.
It is particularly important to illustrate the various ways that migraines affect your ability to perform at work and your job prospects. Using examples from your actual experiences when migraines affected a significant aspect of both your work and personal life will help enhance your Personal Statement within a VA Disability Claim.
Getting Help Through Legal Channels For Vets Suffering from Migraines
Having access to legal aid can make a huge difference in your ability to pursue migraine-related VA disability benefits. You may seek help from a VA-accredited attorney, claims agent, or VSO; paid attorney or agent fees are generally permitted only after VA issues an initial decision, subject to VA’s fee rules. Whether to hire a VA-accredited attorney depends on the circumstances and stage of the claim, not on whether the migraine rating is 30% or higher.
A VA disability attorney can help identify and gather documentation relevant to your claim or appeal and assist with managing the claims paperwork. In addition, an attorney can also alleviate much of the stress involved during the claims or appeals process. Shuman Legal may assist veterans with appeals of denied migraine-related VA disability claims, subject to attorney review and eligibility.
When Should I Hire a VA Disability Attorney?
Understanding when to seek professional legal assistance can greatly impact your success with pursuing a disability claim. Therefore, a vet should hire a VA disability attorney when the initial claim for migraine-related disabilities has been denied by the VA. A VA Disability Attorney may be able to help you understand why your claim was denied, explain the VA’s appeals process, and assist you in obtaining documentation or other relevant information/evidence that will support your appeal of a denial.
Free Consultations and Free Support Services:
While the process may appear daunting, keep in mind that you are not alone. There are many ways in which vets can get free consultations to assist with the VA disability claims process, including those involving migraines. Many vets’ benefits lawyers offer free consultations so that vets can better understand their options and be able to thoroughly discuss their case.
Shuman Legal offers consultations regarding VA disability appeals at no charge, subject to the firm’s current consultation policy.
Frequently Asked Questions
How do I get a 50 percent VA disability rating for migraines?
A 50% migraine rating requires evidence of very frequent, completely prostrating and prolonged attacks that produce or are capable of producing severe economic inadaptability.
What is the average VA disability rating for migraines?
VA assigns migraine ratings of 0%, 10%, 30%, or 50% based on the criteria in Diagnostic Code 8100; the proper rating depends on the evidence in the individual claim.
How does the VA test for migraines?
The VA uses a headache rating chart to assess the severity and frequency of migraines based upon four different percentage values: zero, ten, thirty, fifty. Fifty is the maximum amount.
What are secondary conditions to migraines?
Other conditions commonly identified as secondary to migraines include post-traumatic stress disorder (ptsd), tinnitus, and hypertension. Some researchers continue to study the relationships among these conditions and migraines.
What is a prostrating migraine?
According to the VA, a prostrating migraine is an attack so severe that the person must rest or lie down due to the pain and symptoms.
