Veteran Migraines Claim Denial | VA Disability Appeals Lawyer

VA denials for veteran migraine claims deprive vets of critical financial support for this debilitating condition.

Summary

• Veterans may develop service-related migraines due to toxic exposure, traumatic brain injuries, mental illnesses, and other in-service injuries.
• Migraines are characterized by throbbing pain in the head and symptoms like vomiting and light sensitivity.
• The VA uses criteria like necessity of prostration to determine if veterans are eligible for disability benefits.
• If the VA underestimates the severity of your service-related migraines and denies your claim, you can file an appeal.

How to Navigate the VA Rating for Migraines and Secure Compensation

Those who suffer from migraine headaches know just how debilitating they can be. Even worse, migraine headaches can be unpredictable. Consequently, that makes it hard to know when and how long they will disrupt your day-to-day and workplace activities.

The causes of migraine headaches are multi-faceted. Researchers have linked migraines to a variety of environmental, psychological, and physical factors. Unfortunately, veterans are at an increased risk of suffering from migraine headaches.

Given the significant impact that migraines can have on a veteran’s quality of life, receiving an accurate VA disability rating and fair compensation is essential. To do so, you will likely need the help of a qualified and experienced legal team. 

VetLaw is familiar with the ins and outs of the VA disability claims process based on our years of service to veterans. We specialize in complex areas like veteran migraines claim denial. VetLaw is equipped to offer unparalleled legal support, and we also make it a point to ensure our clients feel heard every step of the way.

Our skilled VA-accredited team of veterans disability claims appeals attorneys will stand up for your rights. Additionally, we will work to secure the compensation you deserve. Reach out to us at (855) 933-5201 or use our contact form to schedule a free consultation.

If you made a claim for veteran disability based on symptoms of migraines and received a denial, you likely have questions about this decision and what to do next. Some injuries and conditions are obviously service-related. In those cases, the act of filing a claim for these is much more straightforward. Migraine headaches, however, are not as simple.

In order to receive a VA disability rating for migraines, you must prove that your symptoms are part of a diagnosed condition and that the condition is service-related. Doing so can require some extra steps in the diagnosis stage.

Regardless, you may face resistance from the VA when pursuing a veterans disability claim for migraines. It is not uncommon for the VA to issue an unfairly low rating for service-related migraines. Alternatively, the VA may deny a migraine claim for a lack of service connection.

Vets, particularly those who suffer from migraines, can benefit from the expert knowledge of a VA-accredited attorney. 

First, it’s useful to understand how the VA rates migraine headaches. A migraine headache diagnosis has a maximum VA rating of 50%, which means that a veteran suffering from migraines may be eligible for up to 50% disability benefits because of the condition.

This is not an automatic rating, however, and there are multiple stages of migraine headaches under consideration:

• 0% Disability Rating– Someone who has only occasional migraines or symptoms that do not include prostrating attacks may only be eligible for a non-compensable, or 0% disability rating.
• 10% Disability Rating– If a veteran suffers from migraines with prostrating attacks that occur on average every 2 months over a period of several months, a 10% disability rating is likely appropriate.
• 30% Disability Rating– If a veteran suffers from migraines with prostrating attacks that occur on average once a month over a period of several months, a 30% disability rating is likely appropriate.
• 50% Disability Rating– The maximum VA disability rating for migraine headaches requires very frequent completely prostrating and prolonged attacks productive of severe economic inadaptability. You are probably left wondering what this convoluted language means, and you’re not alone. This language is broken down more below.

Key Criteria That Determine a Migraine Disability Rating

The disability rating for migraine headaches contains somewhat ambiguous language. The United States Court of Appeals for Veterans Claims has litigated these terms extensively, and much of this litigation is still ongoing. The current understanding of the meaning of these terms falls into three categories.

Defining VA Migraine Claim Requirements

The following are the components the VA evaluates to decide a veteran’s disability rating for service-related migraines:

Necessity of Prostration: “Prostration” generally refers to being in a fully reclined position. VA generally accepts the definition for prostrating headaches as those migraines that require you to lie down in a dark room for the duration of the prostrating attack.

There is no requirement that the prostrating attack lasts for any specific amount of time. However, if the attack is severe enough to require you to lie down to manage the migraine symptoms, then the VA is likely to concede that your migraine headaches are prostrating.

Prolonged Period of Symptoms: Another aspect the VA considers when determining a vet’s disability rating is the prolonged nature of the individual migraine attack period. The VA does not define a specific amount of time, so there is some subjectivity in this regard.

We recommend keeping a headache journal to document the onset of prostrating attacks and how long it takes to recover. This documentation can be very helpful in proving that your migraines are “prolonged” to qualify for the highest disability rating.

Severe Economic Inadaptability: The final condition to receive the highest disability rating has to do with the impact on your ability to work and earn financial compensation. The Courts are still litigating the definition of this phrase.

However, if your migraines happen with enough frequency and severity to make you absent from work more than one day per month, you may meet the criteria to demonstrate that your prostrating migraine headaches cause severe economic inadaptability.