Migraine - 30% Vs 50%?

[TiredCoastie]

Got the white envelope in the mail today. The good news is that the VA rated me 30% for migraines, which put me in bed flat between 2.25 and 2.5 days per month, with migraines running for up to 5 days. Looking at the decision package, they rated me at 30% based on having, on average, one prostrating migraine per month over the last several months. The trip wire for 50% is defined by 38 CFR 4.120 is "With very frequent completely prostrating and prolonged attacks productive of severe economic inadaptability." The raters did not find that my claim met that threshold, despite the outside doctor stating that I cannot work and my migraines are twice the 30% rating threshold.

Do I have an argument for a 50% rating?

Edited March 22, 2014 by TiredCoastie

[TiredCoastie]

Great advice as always, Carly! Thanks...esp for the link to the BVA. Why didn't I think of that?

Glad someone out there is thinking!

[justrluk]

I get them about every 3 weeks. I've also had 2 TIAs (Transient Ischemic Attacks - http://www.strokeassociation.org/STROKEORG/AboutStroke/TypesofStroke/TIA/TIA-Transient-Ischemic-Attack_UCM_310942_Article.jsp) that left part of my face, right knee and tongue numb. If you're keeping a log, keep track and watch for these. Your probability of having them is higher with a history of migraines.

[TiredCoastie]

Hmmm...Justrluk...if you're rated at 50% for migraines (in which they wrapped up the TIAs from our earlier discussion), then they ought to do the same for me. I've had TIAs as well but they didn't leave any lasting disability.

[Vync]

Use caution when corresponding with VBA.

Sometimes they are easy to take things out of context, and run with it.

Write you response at an 8th grade reading level

[K9MAL]

The key, I believe, is severe economic inadaptability and proving that. I'm in a similar situation as you but I'm a "full time student" which means I have class a couple times a week.

[TiredCoastie]

The key, I believe, is severe economic inadaptability and proving that. I'm in a similar situation as you but I'm a "full time student" which means I have class a couple times a week.

Great point...