Veterans: How To Provide Evidence That Your Migraines Are Prostrating
Migraines are a serious issue for military personnel and veterans, and studies suggest that they are especially common in those deployed in Iraq. These migraines were found to negatively impact a soldiers ability to perform military duties, and after returning home, they continued to be problematic.
The United States Department of Veterans Affairs recognizes that migraines may be a service connected disability. If you can prove that an event or incident during military service caused or aggravated your headaches, you may be eligible for VA Disability.
If you submit a claim to receive benefits for migraines, a VA ratings specialist will rate your headaches based on their severity and frequency using a ratings chart with four possible percentages: 0 percent, 10 percent, 30 percent, and 50 percent. A 50 percent rating is the highest rating given for migraines. This rating is only given if the migraine causes very frequent completely prostrating and prolonged attacks productive of severe economic inadaptability.
How Much Is Va Disability For Migraines
Here are the ratings 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.
What If I Have More Questions About My Va Claim
I understand you want your VA claim to be done as quickly as possible. But remember the ultimate goal to win your VA disability compensation claim.
You may eventually get there on your own, but it may be after a series of decisions by the Regional Office and Board of Veterans Appeals. Sometimes claims are appealed and remanded several times, which can cause a claim to drag on for years. If you are interested in avoiding unnecessary delay in your claim and want to do everything you can to maximize your chances of success, it is probably a good idea for you to consult with an accredited veterans disability attorney.
Travis Studdard;is an attorney who focuses on representing veterans in VA disability compensation claims. ;He regularly writes;about issues that are important to veterans and their families.
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The Cause Of Migraine Headaches
As we noted before, migraine headaches are often confused for cervicogenic headaches. The pain may be similar, and there are some overlapping symptoms. However, migraine headaches are not caused by neck pain.
In fact, the most annoying thing about migraines is that multiple things;may;trigger them. Some people experience light-triggered migraines, while other people may get migraines from fatigue or changes in the weather. Doctors havent discovered the primary cause of migraines, but the migraine triggers above are passed down genetically from parent to child.
Some people are more or less susceptible to migraines based on a variety of factors. Women are far likelier to get migraines, as are those between the age of 10 and 40. And other medical conditions may make you more susceptible, including anxiety, bipolar disorder, depression, epilepsy, and sleeping disorders.
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Percent Va Rating For Migraines Criteria
At the 30% VA rating for Migraines, the law lists headaches;with characteristic prostrating attacks occurring on an average once a month over last several months.
Note the keyword of prostrating, meaning youve had to lay down or been reduced to extreme physical weakness.
You can also see that the 30% rating has prostrating attacks that occur roughly one time per month over the past several months.
There is NO mention of any functional or economic lossthis is very important to understand!
Thus, if your migraine headaches do NOT affect your ability to work, you probably dont meet the 50% rating criteria.
% Migraine Headache Va Rating
Many veterans develop migraine headaches as a result of their service. ;Traumatic brain injuries often result in migraine headaches. ;These headaches can be very debilitating.
A veteran must show that their particular disability is the result of their military service in order to qualify for VA disability benefits. ;But that is not the end of the road. ;Even after receiving service connection for a disability, VA needs to rate the condition properly.
In this article, I will discuss the 50 percent rating for migraine headaches. ;This rating is the highest rating allowed under the diagnostic code section for migraine headaches. ;No matter how bad your headaches are or how frequent they are, you cannot receive more than a 50% rating.
If you are not familiar with how VA rates migraine headaches generally, I would suggest that you first read my article about a 30 percent migraine headache rating. ;That article discusses how VA uses its diagnostic codes to rate different medical conditions.
Va Appeal Lawyers Helping Veterans Nationwide Schedule A Free Consultation Today
The VA does not make it easy to recover disability benefits. The legal team at Tucker Law Group is here to help veterans like you fight the VA for the disability benefits you deserve. If the VA has denied you the disability benefits you believe you need, contact our team. We can help you fight to obtain a VA disability rating for migraines.
Schedule a free consultation today by calling or . No matter where you are in the United States, our attorneys can help you win your case.
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How To File A Claim For Individual Unemployability From Migraines
Just in case you have so frequent migraine that you are unable to hold your job, it is possible to qualify Individual Unemployability . IU means the part of a VA disability program to give you 100% o compensation if you are a veteran. You can get this compensation if your disability based on service was not at 100%.
To be eligible in this program, here are the criteria you must complete:
Va Rating For Migraines: Receiving Va Disability For Headaches
When a veteran is disabled in some way during their active military service, the United States Department of Veterans Affairs is responsible for compensating them. One of the most commonly claimed VA disabilities is when veterans suffer from migraines. Migraines can restrict a veterans ability to work and significantly damage their quality of life. If you are a veteran who developed migraines as a result of your time in the military, you may be entitled to VA disability benefits.
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Breakdown Of The 30% For Migraine Headaches Rating Criteria
In order to prove your service-connected condition warrants a 30% disability rating for migraine headaches, you must understand all aspects of the rating criteria.; Specifically, the 30 percent disability rating for migraine headaches can be broken down into three main components: characteristic; prostrating; and average of once a month over the last several months.; In this case, characteristic essentially means typical.; A veterans migraine headaches must involve typical prostrating attacks.; In other words, a veterans migraine headaches are represented by these prostrating attacks and without which, the veteran would not have a migraine disorder.; As mentioned above, prostrating means that the veterans migraine headaches are so debilitating that they require a long period of rest.; Finally, the 30 percent migraine rating criteria states that a veterans migraine headaches must occur an average of once a month over the last several months.; Here, the period of time VA uses to make this determination can effect whether a veteran qualifies for a 10 or 30% migraine rating.; For example, a veteran had the following number of headaches over the past few months:
- Two in April
- One in June
- One in July
What The Heck Is A Prostrating Migraine Headache
Note that neither the rating schedule nor the courts have ever defined the term prostrating migraine.
So, what the heck does it mean?
To lay oneself flat on the ground face downward, especially in reverence or submission.
Prostrating can be further defined as weakness, fatigue, distress, exhaustion, illness, or functional loss, for example:
To reduce to extreme physical weakness.
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What Is The Va Rating System Used To Determine Disability For Migraines
Migraine headaches are recognized by the United States Department of Veterans Affairs as a service connected disability if you can prove that your military service caused or aggravated your headaches. When filing a claim, you need to show that an event or incident took place during your service that caused your migraines; that;the migraines;began while you were in service; or were caused by another condition that is service related.
In general, the VA rates migraines based on how often you experience them and their severity. Because headaches are difficult to assess because theyre not easily diagnosed like a cancer, high blood pressure, or an eye problem, the VA gives headaches four possible ratings to determine their seriousness and eligibility for compensation and benefits.
How The Va Assigns Disability Ratings For Migraine Headaches
As described in the above, the VA rates migraine headaches under Diagnostic Code 8100, which allows for veterans to receive a percentage disability rating of 0, 10, 30, or 50 percent disabling.;
Diagnostic Code 8100
- 50 Percent Schedule Disability Rating
With very frequent completely prostrating and prolonged attacks productive of severe economic inadaptability
- 30 Percent Schedule Disability Rating;
With characteristic prostrating attacks occurring on an average once a month over last several months
- 10 Percent Schedule Disability Rating;
With characteristic prostrating attacks averaging one in 2 months over last several months
- 0 Percent Schedule Disability Rating;
With less frequent attacks
Veterans reading the above rating schedule often wonder what exactly the VA means by the terms prostrating, severe economic inadaptability, and very frequent versus less frequent.; Though the VAs regulation containing Diagnostic Code 8100, 38 CFR 4.214, is silent on defining these terms, the VAs Manual M21-1MR defines these terms as follows:;
means 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
- Less Frequent
- More Frequent
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Schedule A Case Review
Working with an experienced Veterans benefits lawyer is the best way to build a strong case for TDIU benefits for migraine headaches. The office of Sean Kendall, Attorney-at-Law, is committed to helping Veterans access the benefits they need to provide for themselves and their families. Call our office today to schedule a free, no-obligation initial case review.
How Does The Va Rate Migraines
Veterans suffering from migraines may be experiencing this ailment due to an in-service incident. In this case, you may be eligible for VA disability compensation for your migraines. By proving service connection and gathering enough medical evidence, former service members can take steps to obtain veterans benefits.
In spite of its acutely disabling effects, migraines take up a very small section in the VA diagnostic code for ratings and have a maximum schedular rating of 50%. VA ratings for migraines are principally rated according to the frequency of the migraine attacks.
Here are the ratings 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
The VA uses diagnostic code 8100 to rate headaches, including migraine headaches. While the rating code itself is vague, the VAs 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.
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Why Should Document Your Migraines Experience
If you want to know how to get 50 VA disability for migraines, you should know first about how to get the proper rate for your migraine. Here, the best thing to do is to always document your migraines properly and carefully. You should document that you are not experiencing a headache, but a migraine. Besides, you should have medical records that can show the diagnosis of migraines from the professional medical expert, such as a neurologist. Otherwise, you can ask help from a migraine specialist or an ophthalmologist.
Well, what you need is more than just a diagnosis. You should have records that can be the evidence of the severity and frequency of your migraines. It is great to have headache diaries or employment records that can tell how often you have missed your work because of a migraine.
Commonly, you will only get a zero percent rating if you have no prostrating migraines. In addition, this rating is what you will get if the migraines only happened for less than once per two months. Therefore, if you have migraines and these are not too frequent, you are not eligible on how to get 50 VA disability for migraines. The highest rating is 50 percent.
Chapter : The Term Prostrating Will Make Or Break Your Va Claim For Migraines
What is a Prostrating Migraine Headache?
Perhaps the single most important term that can litterally make or break your VA rating for migraines is the word Prostrating.
The reason its so important is because the 30% and 50% VA ratings for Migraines contain the word Prostrating in reference to both frequency and severity of your condition.
Whats interesting is that neither VA regulations nor the Courts have attempted to define the term Prostrating.
A very similar definition is found in DORLANDS ILLUSTRATEDMEDICAL DICTIONARY 1554 , in which Prostration isdefined as Extreme exhaustion or powerlessness.
To lay oneself flat on the ground face downward, especially in reverence or submission.
Prostrating is further defined as weakness, fatigue, distress, exhaustion, illness, or functional loss, for example:
To reduce to extreme physical weakness.
Statement in Support of a Claim for Migraines Example
Veterans listen up to these Migraines Buddy Letter examples and write them down!
In the absence of service treatment records or current symptoms of Migraine Headaches, you can get a competent and credible Buddy Letter from a first-hand witness as to the frequency and severity of your Migraines.
A high-quality Buddy Letter from a first-hand witness can help you win, service connect, and get a higher VA rating for migraines in less time!
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How Does Va Interpret Severe Economic Inadaptability
In many cases, VA will deny veterans the 50% disability rating on the grounds that their migraine headaches are not productive of severe economic inadaptability.; However, VA often uses the wrong standard when doing so.; Specifically, VA will improperly require the veteran to demonstrate that his or her migraine headaches actuallyproduce severe economic inadaptability, instead of considering whether the migraine headaches were capable of producing severe economic inadaptability.; If this occurs, veterans have the right to appeal VAs denial.; CCK has won a number of cases at the Court of Appeals for Veterans Claims regarding this very issue:
What Causes Migraines In The Military
Many factors can trigger migraine attacks, such as alteration of sleep-wake cycle; missing or delaying a meal; medications that cause a swelling of the blood vessels; daily or near daily use of medications designed for relieving Stress and/or underlying depression are important trigger factors that can be diagnosed and …
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How To Get 50 Va Disability For Migraines And Start Your Claims Properly
How to get 50 VA disability for migraines? ;The United States Department of Veteran Affairs known as VA recognized migraine headaches as the service-connected disability. In this case, if you think that your military service is the main cause of your headaches, you must prove it. Here, you can file a claim. Of course, it is not as easy as you may think. You should be able to show the event, the incident, and the location during your service that caused migraines. Shortly, the migraines happened while you were in your duty. Or, the migraine happened due to any condition related to your service.
Generally, the VA rates migraines are about the frequency you experience them as well as the severity level. Meanwhile, headaches are not easy to access. It is something different from cancer or high blood pressure. It is not easy to diagnose headaches. So, if you ask us about how to get 50 VA disability for migraines, you should know first that VA provides four possible ratings to determine the seriousness of headache and the eligibility to get the compensation or benefits.
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