“Hi, I’m Cecilia [Ton], a veterans benefits attorney with Woods & Woods, an Indiana-based law firm dedicated to helping veterans and their families nationwide. In this video, I’ll talk about the definition of migraine headaches as well as some of the ways the VA compensates for them.”
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VA disability for migraines
“Migraine headaches are characterized by intense or severe head pain, as well as some non-headache symptoms such as nausea, dizziness, sensitivity to light and sound, and even vomiting.
“The VA compensates for this condition under diagnostic code 8100, which can be found at 38 CFR 4.124a.
“Under this diagnostic code, the lowest rating available is 0% and the highest is 50%. It is important to note that this diagnostic code is successive, and what that means is that in order to satisfy one rating, you also need to meet all of the criteria for the lower ratings below it. For example, if you have a 30% rating, that necessarily means that you meet all of the symptoms for the 0% and the 10% ratings.
VA rating for migraines
“Let’s take a look at the different ratings available.
At the bottom, there is a 0% non-compensable rating. VA assigns a 0% rating for less frequent attacks of migraine headaches. The VA doesn’t define what less frequent attacks means, but you can get some context by looking at the 10% rating criteria.
“For a 10% rating, the VA requires the veteran to show characteristic prostrating attacks that average once over the last two months for several months.
“The first time that we’re seeing the phrase ‘prostrating’ is in this 10% rating. Although the VA hasn’t set out an exact definition for this term, what we can gather is that it refers to the level of incapacitation a person experiences during a migraine headache.
“Next, the 30% rating will be afforded to veterans who experience characteristic prostrating attacks of headache pain averaging once a month over the past several months.
“Finally, a 50% rating will be granted to veterans who experience very frequent, completely prostrating and prolonged headaches that are capable of producing severe economic inadaptability. With the 50% rating, this is the first time that we see VA concerned about the length of a migraine headache.
“It is also looking for evidence that the headache is completely prostrating. Oftentimes, veterans with completely prostrating headaches will report that during a headache, they must lie down in a dark room until the headache subsides. Does the condition impact your ability to work? That’s important to your claim.
“Finally, with a 50% rating, the VA is looking for evidence that the condition impacts your ability to work. It’s important to note, for veterans who are unemployed or retired, you do not need to submit actual proof that your work is impacted. For example, you only need to show that your migraine headaches are capable of impairing your ability to work and would cause you absences from work several times a month.”
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How to service connect migraines
“What type of evidence can you submit to support your claim for an increased rating for migraine headaches? Medical and lay evidence will both be helpful here. Medical evidence refers to a statement from your doctor explaining the severity of your condition, and lay evidence is similar but can be gathered from family or friends who have witnessed your headaches.
“I once had a client who kept a daily log of all of his migraines. He wrote down the dates that he had them, how long they lasted, and the symptoms that they caused. He submitted this daily log to the VA and after considering his journal entries, he was ultimately granted a higher rating. This is an example of how lay evidence works.”
TDIU for migraines
“If you notice that your migraine headaches are affecting your ability to work or could potentially impair your ability to work in the future, you may be entitled to a total disability rating based on individual unemployability, which is commonly referred to as TDIU.”
How Woods & Woods can help
“If you have any questions about obtaining a higher rating for your migraine headaches, give us a call or visit our website. I’m Cecilia [Ton]. Thank you for watching.”
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Cecilia Ton
Cecilia Ton earned her law degree from Syracuse University. She practiced VA benefits law at firms in Rhode Island and North Carolina. She joined Woods & Woods in 2021.
