Migraine Headaches

[snake doctor]

Please review/comment on what you think i would get for Percentage.

Migraine Headaches.pdf

[free_spirit_etc]

snake doctor,

I am trying to understand why you are posting all of these as separate threads. These aren't all separate claims, are they? Did you file one claim listing all of your disabilities? And this is your initial claim, right?

Also -- You might want to look at the 38 CFR Book C, Schedule for Rating Disabilities http://www.benefits.va.gov/warms/bookc.asp#k

That schedule has lots of information on the various ratings for various disabilities.

Edited December 10, 2014 by free_spirit_etc

[NavyWife]

The important parts of this DBQ are number four and number seven.

You were diagnosed with migraines in service therefore you don't need the Nexus statement.

The current frequency is more than two per month.

It affects your ability to work because you have to go lay down.

Therefore this is a pretty clear case for a rating of 50%.

If they try to give you anything less than that, you definitely need to appeal.

Free-spirit

He is new to the forum & just getting the hang of posting documents. He did post everything previously in a single topic. However, the attachments weren't opening--so I recommended he start a new topic w a single issue. Some of us know a lot about specific issues, but nothing about other issues. This way, we can post to the ones we know about. Like me for example I know tons about migraines TBI and seizures but I have no knowledge whatsoever of back issues or knee issues. :)

Edited December 10, 2014 by NavyWife

[K9MAL]

NavyWife makes some great points and she's right on point. 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" according to the VA, I'm actually only part time, which means I have class a couple of times a week so they shot me down due to that. Part of my NOD argument is the fact that the rating doesn't mention anything about school and I haven't worked in several years due to my migraines.

50% is defined by 38 CFR 4.120 as "With very frequent completely prostrating and prolonged attacks productive of severe economic inadaptability."

From my NOD: Contrary to the VARO decision, currently I am unemployed, and have not been able to work since May 2012, due to the frequency and severity of my migraine headaches. Although I am a student, I am currently attending part-time, and cannot find anything pertaining to school activity in the rating diagnostic code.