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- How does the VA compensate veterans
for migraine headaches?
Hi, I'm Cecilia Santostefano,
a veterans benefits attorney with Woods and Woods,
an Indiana-based law firm that is 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 that VA compensates for them.
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.
So let's take a look at the different ratings available.
At the bottom, there is a 0% non-compensable rating
and VA assigns a 0% rating for less frequent attacks
of migraine headaches.
So 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.
And 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.
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.
So 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 experienced your headaches and have witnessed them.
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 last, 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,
and this is an example of how lay evidence works.
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.
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 Santostefano. Thank you for watching.
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