COVID-19 UPDATE: Tucker Law Group operations are uninterrupted. Our law firm is available to help both existing and potential clients. Contact us today. Learn More >

VA Disability Rating for Migraine Headaches

Tucker Law Group
December 4, 2020

Migraine headaches are a common condition that many individuals suffer from in the United States. Veterans that suffer from service-connected migraine headaches are eligible for disability compensation from the Department of Veterans Affairs (VA). Learn more about VA disability rating for migraines and how an attorney can help you fight for your compensation below.

What Is a Migraine?

A migraine is a type of headache that is characterized as severe headache pain. Migraines are different for every individual, however, they often occur with one or more of the following symptoms:

  • Extreme sensitivity to light, sound or smell
  • Nausea
  • Fatigue
  • Intense pulsing or throbbing in one area of the head
  • Vomiting

For many veterans, migraine headaches can be debilitating and can last for hours or days. Chronic migraine headaches or chronic head pain can affect your ability to work. If your medical condition is due to an in-service incident or another service-connected medical condition or medication to treat such a condition, you should seek VA disability benefits. You can build a strong case for your VA disability claim by gathering enough medical evidence to prove a service connection for your condition.

If you do not have a diagnosis of migraines, you may still be able to receive compensation from the VA. However, you will need to prove the effect of your migraines on your functionality and other rating criteria.

VA Disability Rating for Migraines and Criteria

The VA rates migraines under 38 CFR § 4.124a Schedule of Ratings – Neurological Conditions and Convulsive Disorders, Diagnostic Code 8100. The criteria for each rating is based on the frequency and severity of the migraine headaches. Disability ratings under this diagnostic code include ratings from 0 to 50 percent disabling.

  • 50% – Migraines are very frequent, completely prostrating, and prolonged attacks productive of severe economic inadaptability.
  • 30% – Migraines are prostrating attacks that occur once a month on average over the last several months.
  • 10% – Migraines are characterized as prostrating attacks that occur on average once in two months over the last several months.
  • 0% – Migraines are less frequent attacks.

How to Get 50% VA Disability for Migraines

The highest schedular rating with the VA for migraine headaches is 50 percent. In order to receive this rating, a veteran must suffer from prostrating and prolonged attacks which occur frequently.

Generally, “prostrating” means that an individual’s migraine is so severe that he or she is unable to stand or sit when suffering from a migraine. In other words, a prostrating migraine makes you go lay down or get into a position where you can try to sleep or try not to move. Prostrating attacks often stop a veteran from what he or she is doing to either seek medical attention or seek medication. If the migraines are not prostrating, the veteran will only receive a 0 percent rating. If you have to lay down in a dark room when your migraines come, you are having prostrating attacks and you need to tell your doctor how often that happens to you.

Additionally, when considering the frequency of your migraines, the VA will likely require that your migraines occur on average more than once a month. If your attacks occur less frequently, you will likely receive a lower rating.

VA Appeal Lawyers Helping Veterans Nationwide. Schedule a Free Consultation Today.

The VA does not make it easy to recover disability benefits. The legal team at Tucker Law Group is here to help veterans like you fight the VA for the disability benefits you deserve. If the VA has denied you the disability benefits you believe you need, contact our team. We can help you fight to obtain a VA disability rating for migraines.

Schedule a free consultation today by calling (866) 233-5044 or by submitting an online form. No matter where you are in the United States, our attorneys can help you win your case.