Leah Bucholz addresses a common concern among veterans—understanding the elements associated with a rating of 50% in VA disability for migraines and talks about the intricacies of the rating system, potential pitfalls, and practical steps to include working with VA accredited legal professionals.
Understanding the Ratings
The VA disability ratings for migraines are outlined in the 38 Code of Federal Regulations, specifically under diagnostic code 8100 in the schedule of ratings for neurologic conditions. The ratings range from 0% to 50%, with each percentage corresponding to the severity of the migraines.
- 0% Rating: Less frequent attacks.
- 10% Rating: Attacks averaging one every other month.
- 30% Rating: Characteristic attacks occurring, on average, once a month.
- 50% Rating: Very frequent, completely prostrating attacks causing severe economic inadaptability.
Prostrating Attacks Defined
A crucial aspect of obtaining a higher disability rating is understanding what constitutes a “prostrating” attack. These attacks are so severe and debilitating that they significantly impact a person’s ability to carry out daily activities. It can be helpful to document these attacks through a migraine log with clarity and detail.
Establishing Economic and Adaptability Impact
Determining economic and adaptability impact can be challenging due to its subjective nature. It would be good to look for tangible evidence such as taking FMLA leave from work, maintain records of sick leave, or obtain doctor’s notes detailing the need for medical attention during work hours. Additionally, reports from supervisors illustrating not just poor performance but severe economic inadaptability can also add detail when applicable.
Conclusion
In conclusion, obtaining a 50% VA disability rating for migraines involves a nuanced understanding of the criteria and a strategic approach to presenting evidence which can be guided by accredited legal professionals like Veterans Service Officers, accredited claims agents, or attorneys. Utilizing tools like migraine logs and seeking professional advice can significantly improve the chances of a successful claim. Remember, each case is unique, and consulting with a legal professional can be essential for personalized guidance through the VA disability claims process.
Also read: Radiculopathy in Veterans Disability
At Prestige Veteran Medical Consulting, a veteran-owned company, we specialize in Independent Medical Opinions (IMOs) known as Nexus letters.
Our purpose is to empower YOU, the veteran, to take charge of your medical evidence and provide you with valuable educational tools and research to guide you on your journey.
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Leveraging an extensive network of licensed independent medical professionals, all well-versed in the medical professional aspects of the VA claims process, we review the necessary medical evidence to incorporate in our reports related to your VA Disability Claim.
Prestige Veteran Medical Consulting is not a law firm, accredited claims agent, or affiliated with the Veterans Administration or Veterans Services Organizations. However, we are happy to discuss your case with your accredited VA legal professional.
