top of page
Search

Understanding VA Policy on Migraines and Individual Unemployability

Writer's picture: Kirk CarlsonKirk Carlson

Understanding VA Policy on Migraines and Individual Unemployability

Navigating the Veterans Affairs (VA) system for migraine claims can be challenging, especially when trying to qualify for a 100% rating or individual unemployability (IU) solely based on migraines. It's crucial to delve into the correct documentation rather than exclusively relying on anecdotal advice. Here, we break down the essential aspects of the VA policy concerning migraines, mainly focusing on the details provided in the M21-1 manual, which is a critical resource beyond the basic 38 CFR guidelines.

Diagnostic Code and Rating Percentages

Migraines are rated under the 8100 diagnostic code, with potential ratings of 50%, 30%, 10%, or 0%. The ratings depend on the severity and frequency of the migraine attacks and their impact on the individual's daily functioning.

  • 50% Rating: For this rating, the migraines must be "completely prostrating," defined as causing extreme exhaustion or powerlessness with essentially total inability to engage in ordinary activities.

  • 30% and Below: These ratings consider less frequent or debilitating migraine symptoms.

Importance of Medical Evidence

The M21-1 manual clarifies that evaluations depend heavily on the frequency of attacks and the degree to which symptoms are prostrating. It's crucial to have medical evidence that connects your symptoms directly to your service-connected migraines. This includes detailed medical reports and consistent documentation from healthcare providers, not just subjective descriptions of symptoms.

Role of Migraine Journals

Migraine journals can play a significant role in documenting the frequency and impact of migraines. These journals should accurately record each episode and are considered credible lay testimony regarding the frequency and severity of migraines, which can support claims of occupational impairment.

Economic Impact and Individual Unemployability

To qualify for IU, migraines must cause "severe economic inadaptability," meaning substantial work impairment but not total inability to work. Detailed records of how migraines have led to using sick leave or unpaid absences can support claims for higher ratings or IU consideration.

Crafting Effective Personal Statements

When submitting personal statements as part of your claim:

  • You should focus on describing the impact of migraines on your daily life rather than using medical terms like "prostrating."

  • Explain how the migraines lead to extreme exhaustion, incapacitation, and substantial inability to engage in everyday activities.

  • Ensure your descriptions are supported by medical evidence to reinforce the credibility of your claim.

Key Takeaways

  • Medical Evidence is Crucial: Include solid medical documentation to support your migraine claim. The VA raters will rely on this evidence to assess the severity and frequency of your migraines.

  • Understand the Policy: Familiarize yourself with the M21-1 manual sections relevant to migraines to understand how the VA assesses these claims.

  • Document Everything: Keep detailed migraine journals and ensure your healthcare provider records all related symptoms and treatments accurately.

By thoroughly understanding and adhering to VA policies, veterans can better navigate the complexities of claiming migraines and achieve outcomes that accurately reflect their disabilities' impact on their lives.

1 view0 comments

Comments


ABOUT US >

Covenant of Courage
The specific purpose of this corporation is to empower and support veteran defenders, guiding them to rediscover their purpose through comprehensive support and training. We are dedicated to building a resilient community that leverages the unique skills of veterans to mentor and inspire the next generation through dynamic youth programs.

The Covenant of Courage is a 501(c)3 tax-exempt organization and your donation is tax-deductible within the guidelines of U.S. law. To claim a donation as a deduction on your U.S. taxes, please keep your email donation receipt as your official record. We'll send it to you upon successful completion of your donation.

CONTACT 

F: 323 471 7279

​

qr-code.png

Subscribe to Our Newsletter

Thanks for submitting!

© 2023 by Make A Change.
Powered and secured by Wix

DISCLAIMER: The information on this site is not legal advice. They are meant solely as educational content. Individual cases will vary.
Covenant of Courage is not a Veterans Service Organization (VSO) or law firm and is not affiliated with the U.S. Veterans Administration (“VA”). Covenant of Courage does not provide legal or medical advice or assist clients with preparing or filing claims for benefits with the VA.

bottom of page