Migraine treated with botox

[Xstazy]

I have had 0% for migraines since I separated. I am now being treated with Botox at the VA for them. Should I apply for an increase?

Thanks.

[brokensoldier244th]

Are they worse?

[vetquest]

Unfortunately, the VA rates your disability on the effect it has on you seeking work or working.  If your headaches are controlled by the Botox they will probably deny an increase.  I also suffer migraines from service and they do not rate migraines very well in my opinion.  Totally incapacitating migraines are only rated at 50%.  If you are having migraines while being treated with Botox do request an increase.

[jka]

I am 100% P and T.  TBI caused seizures, migraines and depression.  The migraines are rated at max...50% and I am treated with botox since 2012. Every 3 months I get the shots in the neck and side of head.  The shots were exrtremely well.....and are covered by the VA.

[cwatson]

I was going to make a similar suggestion, except I would recommend a request for an increase because some information may be missing.

I have experience acute migraines in the last three years after suffering migraines in the military fifty years ago and OTC meds will relieve mine but I read about others who suffer migraines often and on a much horrible level more than I as a former nurse could ever imagine a person could suffer.

50% is fairly high and if one can work then I would not expect a higher rating, but good luck.

 

CEW

 

 

[DanielB]

File an increase. I also suffer from debilitating Migraines secondary to TBI. I take a daily Migraine Prevention Med and get Botox every 90 days.  You are going to need more evidence. Start keeping a Migraine Journal, when they occur, duration, any meds you take, any sensitivities(Light/sound), outcome.

 

[brokensoldier244th]

4 hours ago, vetquest said:

Unfortunately, the VA rates your disability on the effect it has on you seeking work or working.  If your headaches are controlled by the Botox they will probably deny an increase.  I also suffer migraines from service and they do not rate migraines very well in my opinion.  Totally incapacitating migraines are only rated at 50%.  If you are having migraines while being treated with Botox do request an increase.

Not so, the conditions are still existent and have the potential to render employment difficult or non-existent BUT for the mitigation provided by the medication or therapy. A person with a prosthesis is still disabled regardless of whether or not they can get around on it. Jones v. Shinseki covers this. Just because your condition is controlled by medication does not render it any less compensable based on the ratings schedule in 38 CFR Book C- unless the ratings schedule specifically notes controlled effects by medication such as Fibromyalgia. Raters have to consider the symptoms of the claimed disability based on what they are, not how well they are controlled. 

Edited March 12, 2022 by brokensoldier244th