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    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

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misterdj13

Tbi With Migraines

Question

Hello, I am 30 % service connected ( cervical and pelvis ) injuries. I was involved in an accident where a tree hit me in the back of the head, I have had migraines ever since. The accident was in 1989. I have been seeing the VA ever since. They have been treating my migraines along with associated symptoms of the neck/head pain. My question is how do I file? Do I file for TBI or Migraines? I have heard horror stories of people filing for TBI and being denied but they get SC for Migraines at 10%, or they file for Migraines and if granted get like 50%.

I just want to do it right the first time. I have all my VA records along with all my private records from Neurolgist, Psychiatrist etc.

Thanks

Gary

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I was given 70 for my TBI  0 for my migraines 30 for my dizziness 30 for scars I  don't know how they decide it 10 broken hip 

Edited by jfrei

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Welcome to Hadit

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Welcome to Hadit.

You didn't really mention any TBI symptoms or concerns other than the migraines in your post so I can't guess if you should file for TBI.

If you have a TBI diagnoses, you can be rated for TBI and the migraines can either be included in the rating as a residual of TBI or you can have a seperate rating under the migraine DX code. The rating criteria for TBI is complicated in this regard.

If you do not have a TBI diagnoses with residuals(other than the migraines) you can file for migraines.

In most cases, I feel it is more benifitial to have the seperate migraine rating. You would simply file a claim for the migraines. I can't say for sure, in your case, without knowing if you have a TBI diagnoses and other residuals.

Hope that helps.

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Hiya,

I was given 0% TBI and 30% headaches secondary. My tbi was well documented though so you may have more trouble?

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My understanding of your post is that:

on active duty there was an accident of some sort -

you began having migraines and have supporting medical evidence

showing continuity of care from VA medical providers.

So, if your VA medical provider or private provider (especially a neuro doc)

will review you SMR's,

provide a current diagnosis of migraines

and relate your current migraines (with full medical rationale)

to the accident in service,

it looks like a fairly clean claim to me.

I would not muddy it up with a TBI issue unless you have medical records

showing at least a concussion or post concussion syndrome at that time.

The regs for percentage evaluation for migraines is DC 8100.

http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=dc6844ce0bf02be52052f355d2d6b9a8&rgn=div8&view=text&node=38:1.0.1.1.5.2.110.67&idno=38

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