Migraines can be one of the most challenging conditions that a veteran may experience. If they are related to military service, veterans may qualify for monthly disability compensation from the United States Department of Veterans Affairs (VA). It is important to understand how the VA assesses migraines in order to ensure that veterans receive the benefits they deserve. At Tabak Law, we help veterans across the country pursue the compensation they have earned, at no cost to them, unless we are successful.
The Legal Basis for VA Migraine Claims
VA disability compensation for migraine headaches is governed by 38 U.S.C. § 1110, which provides veterans with compensation for disabilities acquired during or aggravated by military service. In order to receive benefits, veterans must prove: (1) their current diagnosis of migraine, (2) that the condition was incurred or aggravated during active service, and (3) a medical connection between the two, commonly referred to as a “service-connected” condition.
How the VA Rates Migraine Severity
Migraine ratings are determined under 38 C.F.R. § 4.124a, with Diagnostic Code 8100. The VA uses a four-level rating scale based on the frequency and severity of your migraine attacks – that is, attacks so severe that they prevent you from performing normal activities.
- 50% rating – Very frequent, prolonged attacks that completely disable the person and have a significant impact on their ability to adapt to the economy.
- 30% rating – Attacks that occur on average once a month over the past few months.
- 10% rating – Occasional attacks that average one every two months over the past several months.
- 0% rating – Less frequent attacks that are not compensated but related to the service.
What Evidence Supports a Stronger Rating
The VA evaluates your claim based on your medical records, buddy statements, and private medical opinions. To maximize your rating, veterans should provide information about: the frequency and duration of migraine episodes; how attacks affect work, daily activities, and relationships; triggers, medications, and hospitalizations; and a letter from a doctor linking migraines to military service.
Total Disability Based on Individual Unemployability (TDIU)
If your migraines prevent you from being able to maintain substantial gainful employment, you may be eligible for Total Disability benefits based on Individual Unemployability (TDIU), as outlined in 38 C.F.R. § 4.16. These benefits allow veterans to receive 100% compensation, even if their scheduled rating is below 100%. This option is crucial for veterans whose migraine conditions severely disrupt their ability to work.
Common Reasons VA Migraine Claims Are Denied
The VA frequently denies claims for migraine for various reasons, including insufficient medical documentation of a service connection, failure to submit a qualified nexus opinion, underreporting of symptom frequency, or finding that the condition existed prior to service without aggravation. If a denial occurs, veterans have the right to appeal the decision through the Board of Veterans’ Appeals or the U.S. Court of Appeals for Veterans Claims.
Ready to Get the Benefits You Deserve?
Contact Tabak Law today for a free consultation. Whether you are filing a claim for the first time or fighting an unfair denial, we are here to help you secure the benefits you deserve.