Migraine VA Rating

If you are a veteran suffering from migraines, you could be entitled to VA disability compensation payments. The amount you are entitled to will depend upon your migraine VA rating, a percentage rating assigned to your disability based on its impact on your daily life and ability to work. The higher the rating, the greater the monthly compensation you receive. 

To prove your disability, you’ll need to gather evidence, complete the appropriate forms correctly, and file them with the Department of Veterans Affairs (VA). The process can be time-consuming, complex, and at times confusing. You have the right to pursue your own third-party medical opinions to verify that your condition qualifies and to work with a VA benefits lawyer to help. If you are appealing a denial, one of the VA disability lawyers from our VA disability law firm can help. 

Symptoms of Migraines 

As communicated by the National Institute of Health, a migraine is a type of headache that generally includes ongoing attacks of moderate to severe pulsating and throbbing pain. It is often reported to occur on one side of the head. Migraines are caused by the activation of nerve fibers inside the wall of blood vessels that travel inside the meninges, three layers of membranes protecting your brain and spinal cord.

Untreated migraine attacks can last from 4 to 72 hours, with other symptoms including:

• Increased sensitivity to light, odors, and noise
• Vomiting
• Nausea 

Engaging in normal actions like coughing, sneezing, or even movement or physical activity can make the pain worse. After a migraine, it is common to feel exhausted or weak. 

What Triggers Migraines? 

Various risk factors are associated with migraines, which can impact individuals differently. Some triggers of migraines include:

• Excessive or insufficient sleep 
• Strong emotions or stress 
• Physical overexertion 
• Depression 
• Anxiety
• Head trauma 
• Tobacco 
• Missing meals
• Certain medications 
• Low blood sugar 
• Flashing or bright lights
• Loud or sudden noises 
• Motion sickness 
• Changes in hormones 

The fact that many of the triggers of migraines cannot be avoided in normal social environments or workplaces, migraines can have a crippling effect on a veteran’s ability to live and work. 

The Impact on Your Daily Life and Ability to Function

A migraine has four distinct stages, each of which can have an impact on your capacity to live your daily life. The four phases of a migraine attack, all of which may or may not be present in a given attack, are:

1. Early symptoms can happen before the attack up to 24 hours before the migraine develops, including mood changes like depression or euphoria, fluid retention, increased urination, or uncontrollable yawning
2. Aura – During this stage, some individuals report seeing bright lights or flashing similar in appearance to heat waves prior to or while the migraine is happening, with other persons reporting muscle weakness or the sense of being touched or grabbed
3. Headache – Migraines often start weak and increase in intensity, with the amount of pain varying from individual to individual 
4. Postdrome – This is the period after a migraine and is characterized by confusion and exhaustion and can last for up to 24 hours after the migraine 

There are two primary types of migraines. The first is a migraine with aura, which can include visual disturbances and other symptoms, including a partial or total loss of vision. Additional symptoms include numbness, muscle weakness on one side of the body, and confusion. The second type of migraine is without aura, and can include sudden headache pain, as well as blurred vision, mood changes, fatigue, and sensitivity to light, noise, or sound. 

Migraines and the Impact On Your Work

Migraines require treatment to address the symptoms, which can significantly impact a veteran’s on-the-job performance or even prevent them from working altogether. Preventative medications are needed for those who have frequent attacks and potentially lifestyle changes to reduce the prevalence of triggers. When your migraines are so severe that they cause what are called “prostrating attacks,” then you are able to receive VA disability compensation when your migraine VA rating is 10 percent or more. As defined by the Merriam Webster dictionary, “prostrate” means “stretched out with face on the ground in adoration or submission” or “completely overcome and lacking vitality, will, or power to rise.”

When you have frequent migraines, your ability to work is impacted in a variety of ways, including: 

• Difficulty concentrating and focusing in the hours leading up to the migraine
• A total inability to perform at work while the migraine is occurring
• A lack of focus that negatively impacts work during the recovery period following a migraine 
• Often there is a need to lie down in a quiet, dark room

When a veteran has frequent migraines throughout the week, and medication and the following of a doctor-prescribed treatment regimen are not working, the VA will assign you a disability rating of 0 percent, 10 percent, 30 percent, or 50 percent for your migraines. 

The Need to Show Prostrating Attacks is Essential to Your VA Migraine Rating

Your evidence must show that you suffer from frequent “prostrating” attacks. The key to the higher rating levels for service-connected migraines is the level of severity and frequency of migraine attacks.  To collect VA disability the maximum benefits for your migraines you need to show very frequent and prolonged attacks. Prostrating attacks are those that are so severe that you are incapable of paying attention to other activities and have to lie down until it subsides. This can lead to your doctor ordering you to avoid work, driving, and other situations in which you would put yourself or others at risk during your migraine attacks. 

You are not eligible to receive tax-free monthly payments until your disability is rated at 10 percent or greater. For migraines, to receive a disability rating of 30 percent you must have migraine headaches that produce prostrating attacks on average of once per month over the last several months. For a 50 percent rating, you also must have very frequent, completely prostrating attacks productive of severe economic inadaptability–meaning, symptoms substantially impact your ability to work. 

Migraines Can Cause Significant Functional Impairment

In assigning your migraine VA rating, the VA will look to statements from your coworkers and employers if you provide them in your application. In a recent case in which a veteran’s denied claim for VA disability for migraines was reversed, employer statements demonstrated that the veteran’s migraines caused poor concentration, irritability, the avoidance of stressful situations, and frequent absences. Working with an attorney who knows that this kind of evidence could make the difference between approval and denial will support the outcome of your appeal. 

VA Disability Rating Criteria for Migraines

Your migraine VA rating depends upon the evidence submitted, but is subject to the limits placed upon it by the VA. For migraines, you may receive a disability rating of 0 percent, 10 percent, 30 percent, or 50 percent. The rating that you receive from the VA is based upon terms that have been argued in court repeatedly to determine how their meaning applies to individual cases. 

To qualify for a compensable migraine VA rating it is necessary that your attacks are “prostrating.” These definitions are in turn applied to how your migraines impact you, and what level of compensation you are approved for by the VA. Working with a medical expert who has experience helping veterans receive accurate diagnoses for their migraines is helpful for your application given the variability in how terms and definitions might be applied. 

Rating Percentages for Migraines

Following are the symptoms, severity, and impact on your ability to live and work that the VA assigns to migraine disability: 

• 0 percent – This is for veterans who experience occasional migraine and symptoms but do not have “prostrating” attacks 
• 10 percent – If you suffer from migraines with prostrating attacks that happen every 2 months on average over a period of several months this rating is assigned 
• 30 percent – When you experience several prostrating attacks monthly for a number of months, then a 30 percent rating is assigned, the first VA disability rating at which you qualify for tax-free monthly payments in addition to medical coverage. 
• 50 percent – The highest migraine VA rating you can receive is 50 percent, which is assigned when you have frequent migraines that are completely prostrating, resulting in an inability to work 

Compensable VA disability ratings, where you receive monthly compensation, begin at 10 percent. While a 10 percent rating may not be a lot by itself, it can be applied to your overall VA disability rating. When your overall VA disability rating reaches 70 percent, and other criteria are met, you could qualify for disability compensation at the 100 percent rate through TDIU compensation. 

Understanding Migraine VA Rating Percentages 

When it comes to disabling conditions, the VA assigns an illness or injury a rating between 0 and 100, with a 100 representing total disability. While the VA pays out benefits based on debilitating migraines, the highest migraine VA rating available for this condition on its own is 50%.

The good news is there are options that allow you to increase your rating and obtain the full benefits you deserve. At Gang & Associates, we are prepared to answer your questions and help you get the most out of your claim. Reach out right away to learn more.

How the VA Rates Migraines

Although the rating system goes up to 100 in general, there is a maximum rating on certain conditions like migraines. This condition is capped at a rating of 50 percent outside of a few limited exceptions.

The VA looks for specific symptoms that distinguish a migraine from other, milder types of headaches. A successful claim will typically include symptoms like throbbing pain, sensitivity to light and sound, or nausea.

0% Rating

A zero percent rating for a migraine claim means that the veteran is not entitled to benefits due to their condition. This usually means that a person has some migraine symptoms, but this condition has a minimum impact on their day-to-day life. A veteran with a zero rating may develop headaches from time to time, but there is no need for regular medication. The disruption of work and other activities is also minimal.

10% Rating

The VA will award a 10 percent rating on a migraine diagnosis when it leaves a veteran with noticeable discomfort but the symptoms are uncommon. This usually means episodes that occur less frequently than once per month. Medication may be necessary during periods when the headaches are disruptive.

30% Rating

With a 30 percent rating, the symptoms are more frequent. The VA generally awards this rating in cases where a person suffers from a debilitating migraine more than once per month. These regular episodes require a veteran to take time off of work to rest. There is often a need for stronger medication to control the pain.

50% Rating

A 50 percent rating is reserved for the most disruptive of migraines. At this level, they are both frequent and debilitating, which severely limits the amount of work a person can perform. Often, someone living with this condition requires prolonged periods of rest and powerful medication to deal with the pain. This can lead to major life disruptions, including on the job.

Increasing Your Migraine VA Rating Beyond 50%

Having a rating of 50% for your migraine is the highest you can reach in most cases. However, there are some exceptions that could see your rating increased or that might provide you with the maximum available benefits.

Secondary Claims

One of the most common ways to increase your disability rating above 50 percent is by providing evidence that it is a secondary condition that stems from another health issue. For example, you could make the case that your migraines are secondary to PTSD.

When you are living with two or more disabling conditions, you have the opportunity to have each of them rated individually. The VA will then caculate a combined rating, which is more complex than simply adding the two numbers together. Instead, the VA relies on calculations that generally lead to a final rating that is more than what either individual disability was rated at. That means you could ultimately have a rating above 50% so long as you are living with some other condition as well.

Total Disability Individual Unemployability Benefits

Another option is Total Disability Individual Unemployability benefits—or TDIU. This program is an opportunity for some veterans to receive the maximum amount of disability benefits through the VA, even though their condition is not rated at 100 percent.

The VA acknowledges that some conditions can make it impossible for a veteran to maintain gainful employment, even when their rating is less than 100 percent. With TDIU, you could be entitled to the maximum amount of disability payments if you can show your migraines are so severe that they make it impossible to hold down a job.

Establishing a Service-Related Connection

It is not enough for a veteran to live with migraines or other debilitating headaches following their service. In order for them to qualify, there must be a service connection between an event during their time in the military and their diagnosis of migraine headaches. Some of the most common examples include exposure to burn pits, loud explosions, or chemical agents. Your migraine might also be a secondary service-related disability stemming from conditions like depression or PTSD.

What If My Claim is Denied?

There is no guarantee that your VA claim will be accepted. The good news is that there is a process for appealing a denial that is often successful. What’s more, you also have the right to file an appeal if you disagree with your migraine VA rating. 

Our attorneys can help you from the moment you are formally notified of your denied claim. We can work to establish the connection between your migraines and your service while also handling every other aspect of your appeal.

Filing a Migraine Claim

The evidence provided with your migraine claim will determine your migraine VA rating, and for effective consideration, you need to file the appropriate forms. Packaging your evidence into the proper forms is essential, as the VA disability application process can take a lot of time. Delays or denials due to ineffective filings can result in a delay of years in the receipt of your benefits. If your claim has been improperly denied, one of our VA disability lawyers can help you collect the benefits you deserve, often retroactively to the date you applied. 

Required Forms 

Collecting disability benefits requires that you undergo a Compensation and Pension (C&P) Exam, which seeks to determine if you have a service-connected disability, and file the appropriate forms. Your forms can be supported by independent medical opinions, which are submitted to accompany your general VA disability application. The following forms are essential to collect VA disability benefits for your migraines:

• VA Form 21-526EZ – the Application for Disability Compensation and Related Compensation Benefits – This form is used to apply for VA disability compensation and related benefits and must include sufficient evidence to prove that your current condition is linked to your qualifying active service. 
• Headaches (Including Migraine Headaches) Disability Benefits Questionnaire – This form was historically submitted alongside your form for compensation, in which a medical professional reviews your application and related evidence, considers your current condition, and provides their diagnosis, symptom assessment, and related opinion concerning your migraines. VA is no longer making the DBQ forms available to veterans, but they can still be obtained.

Knowing which forms to submit and what kind of medical evidence the VA will recognize can be central to the outcome of your claim. Working with an experienced VA disability claims attorney can ensure that any appeal you file is supported as well as possible. 

The Importance of Medical Evidence 

To collect VA disability benefits, you must have a current diagnosis for a condition that is linked to your service. A current condition is only recognized by the VA when you submit sufficient evidence to prove it. When it comes to migraines, you may need to gather evidence from a number of different medical professionals. 

Whether your migraines are a primary or secondary condition will also impact the kind of evidence you need. A primary condition is one that is directly caused by your active service, while a secondary condition developed due to one that happened during your active service. For example, if your migraines occur due to hypertension caused by medications you use for another condition, then they are secondary. If your migraines were caused directly by an event, injury, or illness during service, they are a primary condition. 

Our firm has an in-house physician who may carefully review your medical history, service records, service health records, and present medical records. We have a network of medical professionals to refer you to and will help with scheduling so that you can prove a link between your service and your current condition. This is often accomplished through something known as a nexus letter. 

Proving a Service Connection and the Nexus Letter 

One of the most important pieces of evidence in support of your migraine VA rating and claim is a medical opinion that links your current condition to your active service. In order to collect VA disability benefits for migraines, you must be eligible, which requires the following three elements:

1. You have a current medical diagnosis of migraines 
2. Your migraines were caused or made worse by an injury, illness, or other event during your qualifying active duty in the U.S. Armed Forces
3. You have medical evidence that links your current condition to your active service 

Number 3 in this list is referred to as the nexus letter. The nexus letter is a medical opinion written specifically for you in support of your present VA disability claim. Generally, the medical professional will perform a current assessment of your condition, and carefully review all records relevant to your condition. After review, the medical expert will determine if your condition is linked to your service in degrees of likelihood as follows: “not likely,” “at least as likely as not,” “more than likely,” and “highly likely.” 

When the connection to your service is determined to be “at least as likely or not” or above, then the VA will generally view the opinion as favorable and often approve your claim. Being approved for the full VA disability benefits you are entitled to also requires that an accurate percentage is applied to your claim. A VA benefits attorney can help you challenge a denial, or even seek an upgrade in your discharge status to qualify you for benefits. 

Connect with an Attorney from Our VA Disability Benefits Law Firm 

Navigating the application process or a denial of your VA disability benefits can be difficult. The process requires that you submit certain information that the VA is looking for to support an accurate rating and receipt of benefits. We can help you if your claim has been denied by VA, and are happy to explain how, including discussing pricing and what you’ll have to do throughout the process. To learn more, call toll-free at 888-915-3843 or visit our site to schedule a free case evaluation.

FAQs

How does the VA measure the presence of migraines? 

The VA will assess your current condition by reviewing the medical evidence provided in your application alongside the results of your C&P exam. 

How do I get 50 percent VA disability for migraines?

You must have very frequent migraines that are completely “prostrating” and prolonged.

How do I get 30 percent VA disability for migraines? 

This rating is applied when you experience a characteristically prostrating migraine on average each month for many months, such that they impact your ability to function normally.

Tips for a Successful Migraine VA Rating Claim

Your migraine VA rating is a percentage assigned for your migraines that determines the amount of compensation you are entitled to from the VA. Migraines can receive a rating of 0 percent, 10 percent, 30 percent, and 50 percent from the VA. The difference can be substantial, as the tax-free monthly payment for a 10 percent disability is currently $165.92, while 50 percent is currently $1,041.82, depending upon your eligibility. 

To support the most accurate migraine VA rating for your migraines, the VA disability lawyers from our law firm apply their experience and understanding of what the VA requires and our extensive network of medical professionals to put together the most substantial appeal possible on your behalf.

Provide Sufficient Medical Evidence

To be eligible to collect VA disability benefits for your service-connected migraines, it is necessary that you demonstrate that your condition has a substantial impact on your ability to engage in gainful employment. This means that you must suffer from frequent migraine attacks that medication is incapable of controlling. To prove this, you must provide evidence of a current diagnosis from a doctor and proof that you received a treatment plan, adhered to that treatment plan, and saw the doctor regularly for check-ups and changes to your treatment plan. 

Submitting extensive documentation of your migraines and related treatment provides a key building block for your VA disability appeal. 

Keep a Journal Documenting How Your Migraines are Impacting Your Life 

Keeping a journal of how your migraines are impacting you, including how frequent and severe they are, can provide your doctor and the VA with important information. The frequency and severity of your migraines determine their impact on your ability to work and, consequently, the VA disability rating you receive. We always ask clients whether their migraines are so severe that they have to lie still in a dark room until they subside.  And if so, how often per week does this happen?  Phrased differently, when trying to obtain the maximum rating for migraines, we like to see symptoms that include severe attacks that force you to lie down in a dark room multiple times per week.

Submit Statements from Coworkers and Employers

Alongside a current diagnosis of your migraines and proof of a treatment plan that you have been following, statements from witnesses to your migraines and their severity can also be especially valuable. One of the most important and relevant opinions concerning how your migraines impact your ability to work comes from your employer. Your employer has direct experience with your migraines and has witnessed how they impact your performance on the job. 

Statements from employers and coworkers explaining how your migraines impact your economic sustainability are carefully considered by the VA in the review of your claim. They are submitted through VA Form 21-4138, a “buddy statement,” which your VA disability attorney can help you complete.