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.
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.
Our skilled VA-accredited team of veterans disability claims appeals attorneys will stand up for your right to seek benefits for service-related migraines. 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.
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Navigate VA Ratings For Migraines And Secure Compensation With VetLaw
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.
Take Action After Receiving A Denial From Veterans Affairs For Your Migraines Claim
As the VA reports, studies have demonstrated that up to 36 percent of Veterans who completed a 12-month deployment in Iraq were later diagnosed with or showed symptoms of migraines. By comparison, only 12% of people in general exhibit migraine symptoms.
With a documented increase in this physical condition for veterans, it seems clear that VA disability should apply to migraine headaches. It may be frustrating, then, to find out that the VA denied your claim for disability benefits.
Next Steps After A Veteran Migraine Claim Denial
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 headache claims, 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.
How Does The VA Rate Migraine Headaches: Understanding The Criteria Of VA Disability Ratings For Migraines
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.
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 is the prolonged nature of the individual migraine attack period. Documentation of onset and recovery time can help prove your migraines are “prolonged.”
Severe Economic Inadaptability: This condition addresses the impact on your ability to work and earn financial compensation. If migraines make you absent from work more than one day per month, this may demonstrate severe economic inadaptability.
Stages Of A Migraine Headache
While migraine symptoms can vary, they generally follow the same trajectory. The medical community has identified four distinct migraine stages:
Prodrome: Before a migraine episode is in full force, veterans may notice changes that signal a migraine is coming within 24 hours, such as sleep or focus issues, irritability, or hunger.
Aura: Symptoms signaling a migraine within five minutes to an hour, like tinnitus, tingling, visual abnormalities, or speech issues.
Headache: Sharp, throbbing pain localized to one side, possibly with nausea or vomiting, lasting 4 hours to 3 days.
Postdrome: Residual effects in the 48 hours after the attack, including exhaustion, nausea, neck pain, and sensitivity to light.
Common Causes Of Service-Related Migraine Headaches
Migraine headaches can result from service-related incidents, such as traumatic brain injuries, concussion, and neck injuries. Veterans face increased risk due to the nature of military work, including falls, explosions, and deployment-related hazards.
Migraines Linked To Multiple Traumas, Repeated Exposures, And Mental Illnesses
Multiple TBIs or concussions over time may contribute to migraines. Exposure to toxic chemicals, stress, sleep disruption, and secondary conditions like PTSD or tinnitus also increase risk. Research continues on migraines as psychosomatic responses to mental health conditions.
How To Establish A Service Connection For Migraine Headaches In VA Disability Claims
Secure A Migraine Diagnosis From A Medical Provider
Obtain a thorough diagnosis and document every migraine occurrence, including duration, severity, and impact. Share this information with your doctor to identify patterns.
Identify A Connection To An In-Service Event Or Another Service-Related Disability
Establish a link between a service-related incident or other service-connected condition and migraine onset. Examples include TBIs, mental health conditions, tinnitus, or neck injuries.
Discuss Your Veteran Migraine Disability Claim Denial With An Attorney
VA-accredited attorneys can help obtain a medical nexus opinion and prove your migraines are service-related or secondary to service-connected conditions.
Why Veterans Should Hire A VA Disability Appeals Attorney To Seek Benefits For Migraines
A Veteran Disability Lawyer assists throughout the appeals process after a VA denial. They help determine evidence needed, dispute denial reasons, and submit documentation.
In-Depth Understanding Of The VA Appeals System
Lawyers can quickly assess your case, determine which appeal type is appropriate, and guide the collection of supporting evidence.
Organizational Skills And Support
Attorneys keep your claim on track, increasing the likelihood of timely VA compensation. Representation is especially helpful if previous claims have been denied.
Contact A VA Disability Lawyer Today About Your Veteran Migraines Claim Denial
VetLaw helps substantiate veteran migraine claims for benefits. Call (855) 933-5201 or use our contact form to schedule a free consultation.
Frequently Asked Questions
Yes. Migraine headaches may qualify for VA disability if they began in service or are related to an in-service event. Some veterans establish migraines as secondary to other service-connected conditions like tinnitus, neck pain, or PTSD.
Compensation is based on severity and frequency, ranging from 0% to 50%. Total disability via Individual Unemployability (TDIU) may result in 100% compensation if migraines are combined with other service-connected conditions.
Document symptoms carefully, communicate with your doctor, and obtain a diagnosis linking migraines to service.
Migraines are distinct from standard headaches, often chronic and debilitating. “Migraine headaches” is a common term referring to migraines.
Veterans must show that military service aggravated pre-existing migraines. Entrance exams and medical records can demonstrate worsening conditions.
Sensory stimuli like bright lights, loud sounds, strong smells, and strenuous activity can intensify migraine episodes for veterans.
