Tbi With Migraines

[misterdj13]

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

[jfrei]

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 April 6, 2017 by jfrei

[Pete53]

Welcome to Hadit

[timetowinarace]

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.

[sox]

Hiya,

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

[carlie]

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