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

[GBArmy]

Ykes!!!