Young male veteran laying down on his couch with a debilitating migraine headache

Veteran Migraines Claim Denial | VA Disability Appeals Lawyer

Legally reviewed by Brendan Garcia , Partner and Lead Attorney

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.

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 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 Rates 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. 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.

Stages of a Migraine Headache

While migraine symptoms can vary by individual and episode, they generally follow the same trajectory. The medical community has identified four distinct migraine stages that encompass the buildup to the onset of symptoms, the episode itself, and the aftermath. 

Prodrome: Before a migraine episode is in full force, veterans will likely notice changes that signal a migraine is coming within the next 24 hours. During the Prodrome stage, veterans may struggle with sleep and focus.

Additionally, they may notice themselves becoming more hungry, thirsty, and irritable. Vets may also fluctuate between emotional states during this period.

Aura: These symptoms act as a warning that a migraine is imminent within the next five minutes to an hour. The aura phase is characterized by symptoms such as tinnitus, a tingling sensation in the hands, visual abnormalities like blind spots, and speech issues.

Headache: At this stage, veterans with migraines become sensitive to sensory input. Additionally, they typically suffer a sharp, throbbing pain localized to one side of their head, and may become nauseous or vomit. Migraine headaches can endure for anywhere between four hours and three days.

Postdrome: As the migraine subsides, veterans often continue to experience residual effects in the 48 hours after the attack. During the Postdrome stage, it is common to feel exhausted and nauseous.

Many veterans remain reactive to sensory input like bright lights, experience stiffness or pain in the neck, and have issues focusing while in the Postdrome stage.

Common Causes of Service-Related Migraine Headaches

While migraine headaches have many potential causes, there are service-related incidents that make them more likely for Veterans. For one thing, migraine headaches after a service-related injury have been associated with traumatic brain injuries (TBI), concussion, and neck injuries.

Veterans are at an increased risk for these traumatic injuries because of the nature of the work they do. Falls, explosions, and other incidents faced during deployments can increase the risk of sustaining an injury that may lead to migraines in the future.

Migraines Linked to Multiple Traumas, Repeated Exposures, and Mental Illnesses

Research has also pointed to a cumulative effect when it comes to TBI, concussions, and neck injuries. A single mild concussion may not produce migraines on its own, but the impact of multiple such injuries over time could have a snowball effect and ultimately lead to a migraine headache condition.

Veterans were often exposed to toxic chemicals during active duty service which may play a role in the development of migraine headaches. Other common issues faced by servicemembers include increased stress and chronic sleep deprivation or disruption of sleep patterns.

Sometimes migraines can also develop secondary to conditions that are already service-connected, such as PTSD or tinnitus. There is also a strong connection between migraines and mental health for many vets. Researchers are still investigating migraines as psychosomatic presentations of mental health conditions.

This area of study is highly pertinent to veterans, as the dangerous, stressful, and violent nature of military service leaves them susceptible to mental illnesses. In sum, many veterans experience events and exposures that may lead to the development of migraine headaches.

How to Establish a Service Connection for Migraine Headaches in VA Disability Claims

One of the most challenging parts of receiving VA disability benefits for migraine headaches is establishing a clear connection between service and the condition.

Secure a Migraine Diagnosis from a Medical Provider

The first step to establishing this relationship is to get a thorough and meaningful diagnosis for the condition from a medical professional. Be sure not to downplay your migraine headache symptoms.

Keep a record of every time migraine symptoms occur, and document the duration, severity, and impact. Be sure to bring up these symptoms with your doctor so they can identify patterns over time.

Identify a Connection to an In-Service Event or Another Service-Related Disability

As far as demonstrating that migraine headaches are connected to your service, the primary method is by establishing a line between a service-related incident (such as a TBI or concussion) and the onset of the migraine symptoms.

Additionally, migraines can also be part of a medical “nexus.” This means that the condition could be connected to other diagnosed conditions. Examples may include TBIs, mental health conditions, tinnitus, or a musculoskeletal injury such as neck pain.

Discuss Your Veteran Migraine Disability Claim Denial With an Attorney

If you have questions about whether your migraine headaches are related to your active duty service or secondary to a service-connected condition, you should speak with a VA-accredited attorney. They can assist you with getting a medical nexus opinion and proving your headaches are at least as likely as not service-related.

Why Veterans Should Hire a VA Disability Appeals Attorney to Seek Benefits for Migraines

A Veteran Disability Lawyer’s role is to assist you throughout the appeals process after a VA denial of your claim for service-connected migraines. Generally, you need to be denied at least once before an attorney can assist.

In-Depth Understanding of the VA Appeals System

Once you hire a lawyer to represent you, they will often be able to quickly determine how to prove you qualify for benefits. From there, they can assess what type of evidence is needed to dispute the reason for denial, obtain that information, and submit it to the VA on your behalf.

They can also use their knowledge of the VA appeals system to determine which type of appeal would be the most appropriate choice for your specific case and personal priorities.

Organizational Skills and Support

Additionally, keep in mind that a veteran disability appeals attorney will have the resources to keep your claim on track. Your VA migraine claim appeal is their priority, so you will likely be able to secure VA disability compensation sooner with their assistance. 

Given the expertise and support a veteran disability benefits denial lawyer can offer, it is a wise decision to have them represent you in a VA appeal, especially if this is not the first time that the VA has denied your migraine disability benefits.

For the best chance of success, speak with a VetLaw attorney about handling your VA migraine claim.

Contact a VA Disability Lawyer Today About Your Veteran Migraines Claim Denial

At VetLaw, we will take swift action to substantiate your veterans disability claim for migraines so you can collect benefits. We know that securing fair compensation can be life-altering for veterans and their families.

Our team is proud to champion veterans suffering from service-related migraines in VA appeals. You can reach us by calling (855) 933-5201 or using our contact form to schedule a free consultation.

Let us build your VA disability claim for migraines while you focus on taking care of yourself. If the VA denies your veteran disability claim for migraines, contact the VA-accredited attorneys at VetLaw right away. We want to help make sure you get the benefits you deserve.


Frequently Asked Questions

Can you get VA disability for migraine headaches?

Yes. Migraine headaches are potentially eligible for VA disability benefits. First, you must show that they either began in service or are otherwise related to an in-service event.

Many veterans also establish service connections for migraine headaches as secondary to another service-connected condition. Common primary disabilities include tinnitus, neck pain, or a mental health condition such as PTSD.

What is VA compensation like for migraine headaches?

Typically, the VA bases its compensation for migraine headaches on severity and frequency. It can be as low as 0% and as high as 50%. Migraine headaches frequently cause problems with maintaining employment.

Many veterans seek entitlement to a total disability rating based on individual unemployability (TDIU), resulting in compensation at the 100% rate. This is a common path for vets suffering from a combination of migraines and other service-connected conditions.

How do you prove migraine headaches are service-connected after a veteran disability claim denial?

Proving that migraine headaches are service-related is often one of the most challenging parts of the process. Keep careful track of your symptoms and speak with your doctor frequently about your condition. Getting a diagnosis can help establish the link between an event in service and the onset of migraine headaches.

Are migraines and headaches the same condition?

The terminology surrounding migraines can be a little confusing. Often, people will use the word “migraine” to refer to a headache or refer to migraines as “migraine headaches”.

However, migraines are actually a potentially debilitating and chronic medical condition that entail more extreme symptoms. “Migraine headaches” also refer to migraines.

Am I eligible for VA disability benefits for my pre-existing migraines?

For a veteran to qualify for benefits for pre-existing migraines, they must demonstrate their military service made their condition worse. In the context of migraines, that would mean that you suffer from more frequent, severe, or long-lasting episodes. 

You will also need to prove that you suffered from migraines before you entered the military to claim them as a pre-existing condition. Medical records, including your entrance exam, can help establish this.

To show your military service made your migraines worse, you need to identify an event or condition that aggravated them.  

What makes a migraine headache worse?

Generally speaking, migraine sufferers are hypersensitive to sensory input when they are experiencing an episode. When a veteran is experiencing a migraine headache, they will likely want to avoid bright lights, loud sounds, strong smells, and strenuous activity. These factors can often make a migraine more intense.