Migraines can be debilitating, affecting your ability to work or complete daily tasks. If you’re a veteran whose migraines resulted from your time active duty time in the service, you may be eligible for VA disability benefits. Here’s what you should know.
What is a Migraine?
A migraine is a painful headache. One or more of the following symptoms accompany it:
- intense throbbing or pulsing in one area of the head,
- and/or extreme sensitivity to light or sound.
The attacks can last for hours or days. The National Headache Foundation estimates that more than 29.5 million Americans suffer from migraines. Women suffer from migraines three times more often than men.
Migraine VA Rating Percentage and Criteria
The maximum VA rating for migraine headaches is 50 percent under 38 C.F.R. 4.124a Schedule for rating disabilities with VA diagnostic code 8100, under Neurological Conditions and Convulsive Disorders. VA also rates migraines at 0%, 10%, and 30% for Veterans suffering from migraines due to an in-service incident. Again, the maximum a veteran may receive for a migraine VA rating is 50%.
By proving service connection and gathering enough medical evidence, former service members can take steps to obtain VA disability benefits by proving their eligibility for migraines benefits.
In spite of its acutely disabling effects, migraines take up a very small section in the VA diagnostic code for ratings and like we mentioned earlier, a maximum schedular rating of 50% for migraine VA ratings. Migraines are principally rated according to the frequency of the migraine attacks and prostrating time.
What are the different VA ratings for migraine?
Here are the disability ratings for migraines according to the Department of Veterans Affairs:
- 0% – With less frequent attacks
- 10% – With characteristic prostrating attacks averaging one in 2 months over the last several months
- 30% – With characteristic prostrating attacks occurring on an average once a month over the last several months
- 50% – With very frequent completely prostrating and prolonged attacks productive of severe economic inadaptability
How Do I Get 50% VA disability for migraines?
As stated above, the highest schedular rating for migraines is 50%. So VA is looking to see if the veteran experiences extremely frequent completely prostrating and prolonged attacks that hamper your ability to work and earn money severely. Prostrating migraine headaches is referring to the veteran feeling extreme weakness due to migraines and must lie down for an extended amount of time.
As you can imagine, a 50% rating is not going to be enough to support someone who cannot work; this is where TDIU benefits should be considered. Veterans who are unable to work due to migraines may be eligible for Individual Unemployability (IU) which is the equivalent of 100% rating.
IU requires specific evidence from a veteran to qualify for IU benefits. Even though VA doesn’t provide a 100% schedular rating for migraines, a veteran could still get 100% through TDIU.
What causes Migraines?
The medical literature indicates several factors can trigger migraines including sleep problems like sleep apnea, medications, stress, and depression. In addition to these factors, I’ve also seen disabled veterans with migraines that are due to spinal problems, traumatic brain injury, tinnitus, or even eye injuries.
Many veterans complain of severe headaches; however, they fail to recognize that they may be suffering from migraines. Unfortunately, doctors often misdiagnose migraines as a different type of headache, like sinus headaches or tension headaches. Some doctors simply do not have the experience to properly diagnosis migraines.
How Common Are Migraines in the United States?
One of the most debilitating medical conditions of our modern age is migraine headaches. From a medical standpoint, migraines are described as moderate-to-severe headache pain that can last a few hours to a few days, accompanied by physiological symptoms, such as nausea, vomiting, and sensitivity to light and sound.
Functionally, migraines can be crippling and completely debilitating. Often people who suffer from migraine headaches must lie down in a dark, quiet room for the duration of the attack, and are unable to work or tend to the needs of their families. The veteran population is no stranger to migraine headaches.
In fact, a recent study found that 36% percent of veterans who had completed a 12-month deployment to Iraq were either diagnosed with or exhibited symptoms of migraine. Notice that the study only discussed deployments to Iraq. One can imagine that those statistics, if true for Iraq deployments, must also hold true for military service and deployments to other areas as well.
The Migraine Research Foundation provides surprising statistics on the prevalence and implications of migraine headaches in the United States and worldwide:
- Migraine is the 3rd most prevalent illness in the world and the 6th most disabling illness in the world.
- Nearly 1 in 4 U.S. households includes someone with migraines.
- 12% of the population – including children – suffers from migraines.
- 18% of American women, 6% of men, and 10% of children experience migraines.
- 85% of chronic migraine sufferers are women.
- About half of female sufferers have more than one attack each month, and a quarter experience 4 or more severe attacks per month.
- Migraine is most common between the ages of 18 and 44.
- More than 90% of sufferers are unable to work or function normally during their migraine.
- More than 157 million workdays are lost each year in the US due to migraines.
- More than 4 million adults experience chronic daily migraines – with at least 15 migraine days per month.
- Migraine sufferers, like those who suffer from other chronic illnesses, experience the high costs of medical services, too little support, and limited access to quality care.
- Having migraines increases the risk of other physical and psychiatric conditions.
- The vast majority of migraine sufferers do not seek medical care for their pain.
- Only 4% of migraine sufferers who seek medical care consult headache and pain specialists.
Does The VA Recognize Migraines as a Disability?
VA recognizes migraines as a service connected disability, so long as the veteran can prove a connection between the veteran’s disability and military service. In other words, if the veteran can prove that the migraines began in service it is service connected. Another way is a secondary service connection. If the migraine relates to other service-connected conditions, then she may obtain service-connected disability for this condition.
As mentioned above, the VA uses the schedule of ratings and diagnostic code 8100 to rate headaches, including migraine headaches. While the rating code itself is vague, the VA’s internal adjudication manual, the M21-1, provides clarification for these terms for the decision-makers:
- Prostrating: causing extreme exhaustion, powerlessness, debilitation or incapacitation with substantial inability to engage in ordinary activities.
- Completely prostrating: means extreme exhaustion or powerlessness with essentially total inability to engage in ordinary activities.
- Severe economic inadaptability: denotes a degree of substantial work impairment. It does not mean the individual is incapable of any substantially gainful employment. Evidence of work impairment includes, but is not necessarily limited to, the use of sick leave or unpaid absence.
- Very frequent: Duration of characteristic prostrating attacks, on average, are less than one month apart over the last several months
- Less frequent: Duration of characteristic prostrating attacks, on average, are more than two months apart over the last several months.
The magic word for an increased rating, therefore, would appear to be “prostrating.” We find that this is exactly the case for VA disability claims relating to migraines and it is key to obtaining VA benefits. The Disability Benefits Questionnaire for headaches, which the Compensation and Pension examiners use to conduct their exams, includes a whole section on “prostrating attacks.” The questionnaire prompts the examiner to ask the veteran if the migraine attacks occur:
- Less than once every two months
- Once in two months
- Once every month
- More frequently than once a month
- Very frequent prostrating and prolonged attacks of migraine headache pain
While a 50% schedular rating is the highest rating most veterans will receive for migraines, it may be possible to receive extra-schedular individual unemployability.
Can the VA prove migraines?
For a vet to make VA properly rate them for migraines, they must prove the headaches are actually migraines and should qualify for a VA Disability rating. The best evidence is medical records showing a qualified medical person diagnosing migraines. For example, a diagnosis from a neurologist, migraine specialist, ophthalmologist, optometrist, or even a primary care physician.
The nuance, however, for an accurate rating, the veteran must have more than just a diagnosis. The veteran claimant must show evidence of the severity and frequency of the migraines. Helpful evidence would be medical records, headache diaries kept by the veteran claimant, statements from loved ones, employment records showing absenteeism.
A compensation and pension exam is another important element of service connection and disability claims. With the fate of your migraines percent rating essentially in the hands of the C&P examiners, there are a few things you can do to boost your case for an increased rating:
Document and Report Your Migraine Headaches!
A few tips:
- Keep a diary of the migraine symptoms- e.g. how often do they occur, are they prostrating, do they result in absenteeism from work, etc.
- Actively pursue regular treatment for the migraines, so there will be documentation in the record as to the severity- e.g. ask your doctors to document the frequency/severity/treatment.
- Explore obtaining any statements you may need to help prove your case- e.g. medical opinions from your treating physicians or independent physicians, lay statements from those with knowledge of your condition, opinions from vocational experts, etc.
As with most other medical conditions, documentation is key for your VA claim for an increased rating. Tell your doctor about your migraine headaches, even if you do not take prescription medication for them. Let them know your symptomology, limitations, frequency of headaches, and precautions you must take during migraine attacks.
That way, even if the C&P examiner does not accurately represent the severity of your migraine headaches, the medical record will support the criteria for a higher rating.
Migraine Headache C&P Exams
This goes hand-in-hand with the first point. A good rule of thumb, especially for C&P exams, is to describe the symptoms of your most severe migraine attacks during your medical examination with the VA examiner.
The headaches might not always be that severe, but the point is for the VA to compensate you for functional loss and dysfunction due to your service-connected conditions. However, this is not to say that you should exaggerate your symptoms, as this could cause problems later on.
Writing a statement in support of your migraine claim
You are your own best historian. You know your migraine condition better than anyone else—so write about it. As with the first point, describe your symptomology, limitations, frequency of headaches, and precautions you must take during migraine attacks. Statements from family members, friends, and/or coworkers who witness you during migraine attacks are also very beneficial. Statements are a strong piece of evidence, especially if you do not see your doctor very often.
Have Questions About VA Ratings for Migraines?
The rating schedule for veteran’s headaches is vague, but that does not mean entitlement to disability benefits is impossible. If the VA denied your claim for benefits, or you received a lower rating than you think you deserve, the team at Hill & Ponton can help. Contact our law firm today for a free case evaluation on your veterans claim.
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