INCREASE IN VA DISABILITY RATING FOR MIGRAINES

[mikeypanza@yahoo.com]

Evaluation of migraine headaches currently evaluated as 0 percent disabling.
The evaluation of migraine headaches is continued as 0 percent disabling.
We reviewed the evidence received and determined your service-connected condition(s) hasn't/haven't increased in severity sufficiently to warrant a higher evaluation.
The examiner for exam conducted on June 9, 2020 opined that you they do not meet medical criteria for prostrating.
We have assigned a noncompensable evaluation for your migraine headaches based on:
• A diagnosed disability with no compensable symptoms (38 CFR 4.31)
A higher evaluation of 10 percent is not warranted unless there are characteristic prostrating attacks averaging one in 2 months over last several months. (38 CFR 4.124a)

I realize I do not 'prostrate' myself each and every time that I have a migraine headache; however, I have been diagnosed with migraine headaches - while I was active duty and after I retired.  I have continued to be followed up through Tri-Care mostly through MCF; all documentation has been furnished to the VA.  I'm currently seeing a Neurologist (one of many of the 20 years since I've retired) concerning my migraines.  The problem being - I more than meet the average of (migraine) attacks of one in 2 months over last several months (I average migraine 5 or 6 attacks over the last 13 months.

We all know that 'prostrating' is a definition that even the VA cannot fully define.  Has anyone else been able to overcome this situation?  I already have a 20% disability (a combination of two 10% disabilities).

All I'm really looking for is the 10% disability; but the 30% would be nice to have. 

With characteristic prostrating attacks occurring on an average once a month over last several months = 30%

With characteristic prostrating attacks averaging one in 2 months over last several months = 10%

Thank you,

Mike

[brokensoldier244th]

https://www.cuddiganlaw.com/library/the-term-prostrating-matters-when-the-va-rates-migraines.cfm#:~:text=In general%2C the term “prostrating,the headache needs to be.

 

This guy was my SSDI lawyer. I lost anyway, but probably because I was like, 37 at the time. He does pretty much only VA claims type work. He's pretty sharp. 

Edited July 8, 2020 by brokensoldier244th

[ShrekTheTank]

Yes I got mine at 30%.  What they need to know and hear from you.  How bad do you attacks get?  Do you need to go lay down?  How long do they last?  Do they impair your ability to work?  You need to have a headache journal.  make sure it is detailed to the smallest detail.

I allowed my headaches to happen and to see how bad they got WITHOUT medication.  So i could understand what they are looking for.  I know you understand this as you can feel when one of the bad ones are coming on.  I am not saying to not take medication when you need it but find out how bad it is.  Make your log and work it that way.  They are really looking to see how it impacts your work.  Not what you can fight through but how it affects your work.

[brokensoldier244th]

Make note of pre and post 'aura' effects on you, and potential triggers. Migraines have a cycle that they follow 

 

https://americanmigrainefoundation.org/resource-library/timeline-migraine-attack/

[pacmanx1]

Unfortunately there are different types of migraine/headaches and all headaches do not have cycles. Rebound or Recurring headaches do not have cycles and can come on an almost daily episode. I agree with Shrek that VA need to see how your migraines impact your daily life and work.

https://www.healthline.com/health/headache/types-of-headaches#primary-headaches

• tension headaches
• cluster headaches
• migraine headaches
• allergy or sinus headaches
• hormone headaches
• caffeine headaches
• exertion headaches
• hypertension headaches
• rebound headaches
• post-traumatic headache

[ShrekTheTank]

6 minutes ago, pacmanx1 said:

Unfortunately there are different types of migraine/headaches and all headaches do not have cycles. Rebound or Recurring headaches do not have cycles and can come on an almost daily episode. I agree with Shrek that VA need to see how your migraines impact your daily life and work.

https://www.healthline.com/health/headache/types-of-headaches#primary-headaches

• tension headaches
• cluster headaches
• migraine headaches
• allergy or sinus headaches
• hormone headaches
• caffeine headaches
• exertion headaches
• hypertension headaches
• rebound headaches
• post-traumatic headache

So i have about half of these  type of headaches.  I have also had a spinal headache and let me tell you holy crap that one take the cake!   They checked my spinal fluid and i had a leak in my spine for about a week before it filled back up.  

[pacmanx1]

2 minutes ago, shrekthetank1 said:

So i have about half of these  type of headaches.  I have also had a spinal headache and let me tell you holy crap that one take the cake!   They checked my spinal fluid and i had a leak in my spine for about a week before it filled back up.  

The reason why I posted this is because I have multiple types of migraine/headaches.  BVA decisions are now showing that they are expanding the scope of veterans claims to include all types of headaches/migraines in a veterans claims  for headaches service connection.