Jump to content

Ask Your VA   Claims Questions | Read Current Posts 
Read VA Disability Claims Articles
 Search | View All Forums | Donate | Blogs | New Users | Rules 

  • homepage-banner-2024.png

  • donate-be-a-hero.png

  • 0

Cluster Headache/Migraines

Rate this question


KenDawg

Question

I have a question concerning headaches.  I am rated for cluster headaches(10%).  I have been having migraines 2 to 3 times a month and have been prescribed medication so it is now documented in my records.  I have recently received my rating for PTSD and I am trying to figure out should I apply for and increase for my cluster headaches since I am already service connected or do I apply separately for migraines and s/c it to because of my PTSD?  From what I have read all they fall under the same category.
 

I am working my headache log.  Is there anything else I need to do?

Any help is appreciated

Link to comment
Share on other sites

Recommended Posts

  • 0
  • Moderator

All headaches/migraines fall under 38 CFR 8100. Since you are already rated for cluster headaches, if you file a separate claim for headaches, it will be denied due to pyramiding. You can file for an increase in symptoms, but the VA will most likely challenge your claim. Not that they will try to deny your claim, but the VA seems to be trying to make it harder for veterans to get the max 50% rating.

Accordingly, the DC 8100 Migraines VA Rating Criteria is as follows:

  • 50 percent VA rating for migraines is warranted with very frequent, completely prostrating, and prolonged attacks productive of severe economic inadaptability.
  • 30 percent VA migraines rating is warranted with characteristic prostrating attacks occurring on an average once a month, over the preceding several months.
  • 10 percent VA disability rating for migraines is warranted with characteristic prostrating attacks averaging once per two months, over the preceding several months.
  • 0 percent migraines VA rating is warranted with less frequent attacks than the 10 percent rating criteria.

 

My intentions are to help, my advice maybe wrong, be your own advocate and know what is in your C-File and the 38 CFR that governs your disabilities and conditions.

Do your own homework. No one knows the veteran’s symptoms like the veteran. Never Give Up.

I do not give my consent for anyone to view my personal VA records.

 

Link to comment
Share on other sites

  • 0
7 hours ago, pacmanx1 said:

All headaches/migraines fall under 38 CFR 8100. Since you are already rated for cluster headaches, if you file a separate claim for headaches, it will be denied due to pyramiding. You can file for an increase in symptoms, but the VA will most likely challenge your claim. Not that they will try to deny your claim, but the VA seems to be trying to make it harder for veterans to get the max 50% rating.

Accordingly, the DC 8100 Migraines VA Rating Criteria is as follows:

  • 50 percent VA rating for migraines is warranted with very frequent, completely prostrating, and prolonged attacks productive of severe economic inadaptability.
  • 30 percent VA migraines rating is warranted with characteristic prostrating attacks occurring on an average once a month, over the preceding several months.
  • 10 percent VA disability rating for migraines is warranted with characteristic prostrating attacks averaging once per two months, over the preceding several months.
  • 0 percent migraines VA rating is warranted with less frequent attacks than the 10 percent rating criteria.

 

  Thanks…I just want the best chance of getting my increase.  I believe I’m at the 50% level.  I am hoping that they consider my PTSD and medications along with previously rated headaches.  

Link to comment
Share on other sites

  • 0

Pacman has broken it down like a shot gun for you. You have your log. Just make sure that your examiner ask the questions according to the DBQ. Also if you had taken off of work due to headaches, have some type of documentations such as a schedule or supervisors letter

Link to comment
Share on other sites

  • 0
  • Content Curator/HadIt.com Elder

The rating criteria for migraines is below, with my comments after:

https://www.law.cornell.edu/cfr/text/38/4.124a

Quote
Rating
8100 Migraine:  
With very frequent completely prostrating and prolonged attacks productive of severe economic inadaptability 50
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
With less frequent attacks 0

I'm at 30% because I maintain a "migraine diary". I just detail date, symptoms, duration, and how long I had to go lay down in a dark quiet room. Although mine can be horrific because they are completely prostrating, frequent, and often prolonged, the VA will not increase me to 50% because I cannot prove they are "productive of severe economic inadaptability". My employer granted me a reasonable accommodation under the ADA by allowing me to rest and recover, then get back to work.

Consider a migraine diary and/or any instances where you reported this to your doc. The VA can grant the effective date of the increase back to when you met the criteria within the past 12 months. Based on the limited details you provided, it sounds like you have a promising chance to get increased to 30% so long as you can prove you meet that criteria.

Additionally, if they give you strong migraine meds like sumatriptan pills/injectables, be sure you read the FDA pamphlet. Check contraindications and special instructions about any special initial or ongoing diagnostics to determine if it is safe for you despite any risk factors. I didn't realize I had most of the risk factors, but the VA failed to do the diagnostics and I landed in the emergency room with a heart attack. I'm not saying this can happen to you, but don't take any chances unless you are fully informed. Stay safe. Read the small print on any migraine meds. Keep in mind that any side effects of migraine treatment might yield secondary SC for something else...

 

 

"If it's stupid but works, then it isn't stupid."
- From Murphy's Laws of Combat

Disclaimer: I am not a legal expert, so use at own risk and/or consult a qualified professional representative. Please refer to existing VA laws, regulations, and policies for the most up to date information.

 

Link to comment
Share on other sites

  • 0
1 hour ago, Vync said:

The rating criteria for migraines is below, with my comments after:

https://www.law.cornell.edu/cfr/text/38/4.124a

I'm at 30% because I maintain a "migraine diary". I just detail date, symptoms, duration, and how long I had to go lay down in a dark quiet room. Although mine can be horrific because they are completely prostrating, frequent, and often prolonged, the VA will not increase me to 50% because I cannot prove they are "productive of severe economic inadaptability". My employer granted me a reasonable accommodation under the ADA by allowing me to rest and recover, then get back to work.

Consider a migraine diary and/or any instances where you reported this to your doc. The VA can grant the effective date of the increase back to when you met the criteria within the past 12 months. Based on the limited details you provided, it sounds like you have a promising chance to get increased to 30% so long as you can prove you meet that criteria.

Additionally, if they give you strong migraine meds like sumatriptan pills/injectables, be sure you read the FDA pamphlet. Check contraindications and special instructions about any special initial or ongoing diagnostics to determine if it is safe for you despite any risk factors. I didn't realize I had most of the risk factors, but the VA failed to do the diagnostics and I landed in the emergency room with a heart attack. I'm not saying this can happen to you, but don't take any chances unless you are fully informed. Stay safe. Read the small print on any migraine meds. Keep in mind that any side effects of migraine treatment might yield secondary SC for something else...

 

 

Vync…thanks for the info.  Every bit will help on this journey 

Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now


  • Tell a friend

    Love HadIt.com’s VA Disability Community Vets helping Vets since 1997? Tell a friend!
  • Recent Achievements

    • RICHKAY earned a badge
      One Month Later
    • pacmanx1 earned a badge
      Great Content
    • czqiang1079 earned a badge
      First Post
    • Vicdamon12 earned a badge
      Week One Done
    • Panther8151 earned a badge
      One Year In
  • Our picks

    • Caluza Triangle defines what is necessary for service connection
      Caluza Triangle – Caluza vs Brown defined what is necessary for service connection. See COVA– CALUZA V. BROWN–TOTAL RECALL

      This has to be MEDICALLY Documented in your records:

      Current Diagnosis.   (No diagnosis, no Service Connection.)

      In-Service Event or Aggravation.
      Nexus (link- cause and effect- connection) or Doctor’s Statement close to: “The Veteran’s (current diagnosis) is at least as likely due to x Event in military service”
      • 0 replies
    • Do the sct codes help or hurt my disability rating 
    • VA has gotten away with (mis) interpreting their  ambigious, , vague regulations, then enforcing them willy nilly never in Veterans favor.  

      They justify all this to congress by calling themselves a "pro claimant Veteran friendly organization" who grants the benefit of the doubt to Veterans.  

      This is not true, 

      Proof:  

          About 80-90 percent of Veterans are initially denied by VA, pushing us into a massive backlog of appeals, or worse, sending impoverished Veterans "to the homeless streets" because  when they cant work, they can not keep their home.  I was one of those Veterans who they denied for a bogus reason:  "Its been too long since military service".  This is bogus because its not one of the criteria for service connection, but simply made up by VA.  And, I was a homeless Vet, albeit a short time,  mostly due to the kindness of strangers and friends. 

          Hadit would not be necessary if, indeed, VA gave Veterans the benefit of the doubt, and processed our claims efficiently and paid us promptly.  The VA is broken. 

          A huge percentage (nearly 100 percent) of Veterans who do get 100 percent, do so only after lengthy appeals.  I have answered questions for thousands of Veterans, and can only name ONE person who got their benefits correct on the first Regional Office decision.  All of the rest of us pretty much had lengthy frustrating appeals, mostly having to appeal multiple multiple times like I did. 

          I wish I know how VA gets away with lying to congress about how "VA is a claimant friendly system, where the Veteran is given the benefit of the doubt".   Then how come so many Veterans are homeless, and how come 22 Veterans take their life each day?  Va likes to blame the Veterans, not their system.   
    • Welcome to hadit!  

          There are certain rules about community care reimbursement, and I have no idea if you met them or not.  Try reading this:

      https://www.va.gov/resources/getting-emergency-care-at-non-va-facilities/

         However, (and I have no idea of knowing whether or not you would likely succeed) Im unsure of why you seem to be so adamant against getting an increase in disability compensation.  

         When I buy stuff, say at Kroger, or pay bills, I have never had anyone say, "Wait!  Is this money from disability compensation, or did you earn it working at a regular job?"  Not once.  Thus, if you did get an increase, likely you would have no trouble paying this with the increase compensation.  

          However, there are many false rumors out there that suggest if you apply for an increase, the VA will reduce your benefits instead.  

      That rumor is false but I do hear people tell Veterans that a lot.  There are strict rules VA has to reduce you and, NOT ONE of those rules have anything to do with applying for an increase.  

      Yes, the VA can reduce your benefits, but generally only when your condition has "actually improved" under ordinary conditions of life.  

          Unless you contacted the VA within 72 hours of your medical treatment, you may not be eligible for reimbursement, or at least that is how I read the link, I posted above. Here are SOME of the rules the VA must comply with in order to reduce your compensation benefits:

      https://www.law.cornell.edu/cfr/text/38/3.344

       
    • Good question.   

          Maybe I can clear it up.  

          The spouse is eligible for DIC if you die of a SC condition OR any condition if you are P and T for 10 years or more.  (my paraphrase).  

      More here:

      Source:

      https://www.va.gov/disability/dependency-indemnity-compensation/

      NOTE:   TO PROVE CAUSE OF DEATH WILL LIKELY REQUIRE AN AUTOPSY.  This means if you die of a SC condtion, your spouse would need to do an autopsy to prove cause of death to be from a SC condtiond.    If you were P and T for 10 full years, then the cause of death may not matter so much. 
×
×
  • Create New...

Important Information

Guidelines and Terms of Use