VA Disability Rating for Migraines and Headaches

If you’re a veteran suffering from migraines or headaches, you know how debilitating these conditions can be. The pounding pain, the nausea, the sensitivity to light and sound – it’s enough to bring your life to a standstill.

You may have filed a claim for VA disability benefits, only to receive a denial or a rating that doesn’t truly capture the extent of your suffering. It’s a frustrating and disheartening experience, but you’re not alone.

At ProVet Legal, we help veterans like you navigate the VA appeals process. We know the challenges you’re facing, and we’re here to help you overcome the obstacles standing between you and the benefits you’ve earned.

What are Migraine Headaches?

Migraine headaches are a neurological condition characterized by recurrent, intense headaches that can significantly impact a person’s quality of life. Unlike regular headaches, migraines often involve a constellation of symptoms beyond just head pain.

Migraine sufferers typically experience a throbbing or pulsing sensation, usually on one side of the head. This pain can be accompanied by a range of other debilitating symptoms, such as:

• Nausea and vomiting
• Extreme sensitivity to light, sound, and sometimes smells
• Visual disturbances, like seeing flashing lights or blind spots (known as an “aura”)
• Lightheadedness or dizziness
• Difficulty concentrating or confusion

Migraines can last anywhere from a few hours to several days, and the severity of the pain can make it difficult or impossible to carry out daily tasks.

Many migraine sufferers go through four distinct stages with each attack:

1. Prodrome: In the hours or days before a migraine, subtle changes like mood shifts, food cravings, or neck stiffness may occur.
2. Aura: Some people experience visual, sensory, or language disturbances before or during a migraine. These usually last no more than an hour.
3. Attack: This is the acute pain phase of the migraine, which can last from 4 to 72 hours if untreated.
4. Postdrome: After the attack subsides, many people feel drained, confused, or “hungover” for up to a day.

The exact cause of migraines is still not fully understood, but they are believed to involve changes in the brain’s blood flow and nerve signaling. Certain factors can trigger migraines include:

• Hormonal changes (especially in women)
• Stress and anxiety
• Certain foods and additives
• Changes in sleep patterns
• Bright or flickering lights
• Loud noises
• Strong smells

Identifying and avoiding these triggers, along with appropriate medication and lifestyle changes, can help manage migraine headaches. However, for many veterans, the impact of migraines on their daily lives is still severe enough to warrant VA disability benefits.

Establishing Service Connection for Migraines and Headaches

The first step in pursuing benefits is establishing service connection. You’ll need to show that your migraines or headaches are directly related to your time in service through:

1. An in-service event, injury, or illness
2. A current diagnosis of migraines or headaches by a medical professional
3. A medical nexus, or link, between the in-service event, injury, or illness and the current diagnosis

Even if a veteran doesn’t have an official migraine diagnosis, chronic headaches or head pain that cause functional loss or affect their ability to earn wages may still warrant compensation. However, this path to service connection is typically more challenging.

Secondary Service Connection for Migraines and Headaches

In some cases, migraines or headaches may be secondary to another service-connected condition. To establish secondary service connection, a veteran must have:

1. A diagnosis of migraines or headaches
2. Medical evidence showing the link between the service-connected condition and the migraines or headaches

Common service-connected conditions that can lead to secondary migraines or headaches include:

• Traumatic Brain Injury (TBI)
• Tinnitus
• Post-Traumatic Stress Disorder (PTSD)
• Depression and anxiety disorders
• Cervical spine conditions

VA Disability Rating Criteria for Migraines and Headaches

If service connection is established, the VA will assign a disability rating based on the frequency and severity of your attacks.

Under Diagnostic Code 8100, migraines are rated at:

• 50% for very frequent completely prostrating and prolonged attacks productive of severe economic inadaptability
• 30% for characteristic prostrating attacks occurring on an average once a month over the last several months
• 10% with characteristic prostrating attacks averaging one in 2 months over the last several months
• 0% with less frequent attacks

The term “prostrating” means that the migraines are so severe you have to lie down for an extended period. “Severe economic inadaptability” means your migraines significantly interfere with your ability to work.

Many veterans are wrongly denied a 50% rating for migraines because the VA misinterprets the term “severe economic inadaptability.” The VA often requires veterans to prove actual economic loss, such as job loss or income reduction, to qualify for this rating.

However, the correct standard is whether migraines are capable of producing severe economic inadaptability, not whether they have actually caused it. If your migraines are frequent and severe enough to potentially significantly impact your ability to work, you should qualify for a 50% rating – even if you’ve managed to stay employed.

If the VA has denied your claim for a 50% migraine rating due to a lack of demonstrated economic loss, you can appeal this decision. ProVet Legal can help you argue for the proper application of the rating criteria and fight for the benefits you’ve earned.

C&P Exams in Migraine Claims

When you file a claim for service connection or an increased rating for migraines, the VA will likely schedule you for a Compensation and Pension (C&P) exam. These exams serve two key purposes:

1. Establishing service connection: The examiner will gather information to determine if it’s “at least as likely as not” that your migraines are related to your military service.
2. Assessing severity: The examiner will evaluate the frequency and severity of your migraines, including whether they are “prostrating” (i.e., severe enough to require lying down).

To ensure an accurate assessment, you should:

• Thoroughly describe your symptoms to the examiner, including pain level, associated symptoms (e.g., nausea, sensitivity to light/sound), and frequency of attacks.
• Detail how migraines impact your daily life and ability to function, both during an attack and in between episodes.
• Make sure VA is aware if you are taking any medication for your migraines. If your condition gets better because of the medication, VA is not supposed to reduce your rating. This is something VA raters often get wrong.

If you’re dissatisfied with the results of your C&P exam, you have options:

• Request a copy of the exam report to check for errors or omissions. If you find inaccuracies, you can submit a corrected statement.
• Seek a second opinion from a private physician to counter the C&P examiner’s findings.
• Appeal the decision with the help of an experienced VA disability attorney, like those at ProVet Legal.

Remember, C&P exams are just one piece of evidence in your claim. If an exam doesn’t go your way, don’t give up – there are still ways to fight for the benefits you deserve.

Proving the Severity of Your Migraines for VA Disability Benefits

Migraines can be tricky to rate because their severity is largely based on your subjective reports. Here are some tips for documenting your symptoms:

1. Keep a headache journal. Note the date, duration, and characteristics of each migraine. Several apps can help you keep a consistent record of your headaches.
2. Be specific in your descriptions. Do you see aura? Do you have to lie down in a dark room? Are you nauseated?
3. Record how your migraines impact your daily activities. Do you miss work? Cancel plans with friends and family?
4. Attend your C&P exam. Be honest and detailed about your symptoms and their effects.

Remember, even if you power through your migraines, you should be rated based on the severity of the attacks themselves. Don’t downplay your symptoms out of a sense of pride or duty.

Appealing the VA’s Decision on Your Migraine Headache Claim

If the VA denies your claim or assigns a lower rating than you believe you deserve, don’t give up. You have the right to appeal.

The appeals process can be intimidating, but you don’t have to go it alone. At ProVet Legal, we know the ins and outs of VA law. We can help you gather the evidence you need, craft compelling arguments, and advocate for your rights at every stage.

Your migraines may feel like an invisible injury, but their impact on your life is very real. You served your country, and you deserve to be compensated for the toll that service has taken.

If you’re ready to fight for the benefits you’ve earned, we’re ready to stand with you. Contact us today for a free consultation. Let us help you get the relief you deserve.