If you are a veteran who suffers from service-connected migraine headaches, you need to make sure VA pays you benefits at the proper rating. In previous articles, I have discussed the four different ratings of 0%, 10%, 30% and 50%. I hope you find those articles helpful in making sure VA rates your migraine headaches properly.
As those articles discusses, a 50% rating is the highest that VA will assign for migraine headaches. But, migraine headaches that qualify for that rating often cause other issues, especially with maintaining a job.
In this article, I will focus on two issues that come up specifically with 50% migraine headache ratings:
How do you prove a 50% migraine headache rating when you are already out of work?
Should a 50% migraine headache rating almost always qualify you for a 100% rating through TDIU?
How can I prove that I have “severe economic inadaptability” and qualify for a 50% VA migraine headache rating if I am already unemployed?
The article I wrote about 50% migraine headache VA ratings discusses the different requirements of qualifying for that rating level. One of the key requirements is that your headaches produce “severe economic inadaptability.”
So, you have to show that your headaches make it difficult to work. What do you do if you are already unemployed? If you can show that your headaches caused you to have to quit your job or to get fired, you probably will not have a problem.
But, what do you do if it’s not your headaches that are causing you to go out of work? Consider the following example:
Let’s say you’re already out of work due to another condition. I have had this situation before. I represented a veteran who had a back injury and was already out of work due to having surgery on his lumbar spine. How does he show that his migraine headache rating should be increased to 50% when he has to show severe economic inadaptability?
You can do it the same way he did which is create a journal where you diary your headaches. Take notes on:
How often you have the headaches;
How they feel;
How long they last;
What you do or don’t do while you are having a headache; and
What you do to relieve the pain
Usually, a journal like this might say that you had to miss work because of a headache. If you are already out of work, the journal might say that you missed church or a child’s sporting even or picking your kids up from school. It might also mention that you had to cancel certain appointments.
If you do this regularly, this will create a pattern that VA can look at. This pattern will hopefully allow the VA decisionmaker to see that the migraine headaches are severe enough to produce severe economic inadaptability. That should result in a rating at the 50% level if you meet the other criteria as well.
Will I automatically qualify for a 100% TDIU rating if I get a 50% migraine headache VA rating?
No. A 50% migraine headache rating does not automatically qualify you for a 100% TDIU rating. But, it should give you a good chance to qualify for that rating.
If you are at the 50% migraine headache level, you always need to consider whether you would qualify for a 100% rating based on individual unemployability. Of course, you will probably not qualify for this rating if you are currently employed, unless you are working in sheltered employment or earning below the poverty line.
Why does a 50% migraine headache rating potentially translate into a 100% TDIU rating?
To grant you that 50% migraine rating, VA agreed that you have “very frequent completely prostrating and prolonged attacks productive of severe economic inadaptability.”
Now, that last little phrase should help you understand where I am going. You have already proven to VA that your migraines produce severe economic inadaptability to qualify for the 50% rating. That means you have shown VA that it is very difficult for you to maintain employment.
Maybe you cannot find work. Maybe you are being terminated again and again or having to resign due to how much missed time you have.
The heart of qualifying for TDIU is being unable to maintain competitive employment. So, the 50% migraine headache rating can often prove two things:
Also, make sure you actually file the Form 21-8940 for individual unemployability. VA may not consider TDIU sufficiently raised without this form being filed. This could cost you a lot in VA benefits you should have received for your inability to work.
Travis Studdard is an attorney who focuses on representing veterans in VA disability compensation claims. He regularly writes about issues that are important to veterans and their families.
You can subscribe to his Veterans Disability channel on YouTube.
My name is Vernita Smith, I endured a I jury on my job in 2019, I got a little discourage not knowing what to do regarding this matter. One day I researched online for myself. I researched Workman's Comp Lawyers in Atlanta, there were several pulled up, but for some reason I chose Perkins StuddardLLC. I can truly say Mr. Jason and his entire staff has been there and guided me every step of the way. It was a blessing 🙏 for me to have found 🙏 this Company. Mr.Jason and his staff members was always caring, kind, helpful, pleasant everytime I spoke with them. I would highly recommend this company to my family ❤️ and anyone who needs ❤️ assistance. So I thank you so much to Mr. Jason and his entire staff. May God continue 🙏 to bless you 🙏 to be able to serve 🙏 many people all over the world.🙏 💞🙏🥰🙏💞
💞Best regards💞
Vernita SmithVernita Smith
My deepest thanks to Travis Studdard, Jessica Hyatt and their team at Perkins Studdard! My odyssey with the VA began after my Marine Corps career ended and has gone on well over a decade. I initially worked on my claim myself but after 6 years, yes 6 years, of fighting with the VA, I was finally at the end of what I thought was a hopeless battle. Then I came across Perkins Studdard LLC while on Facebook and decided, what did I have to lose, so I gave them a call and had a conversation with Travis. He was very helpful, honest, and frank in his advise to me and thankfully he decided to take my case. He took a completely different strategy than the one I had been employing and with his expertise, once my case and multiple appeals had finally been settled, I received everything he promised and everything I deserved. The only thing I would have changed...I would have hired Perkins Studdard when I first intended to file a claim with the VA, rather than try to do it myself.
Thank you and Semper Fi
Rich LarsenRichard Larsen
Throughout Mr. Perkins's engagement as legal counsel, from initial contact to case resolution, the firm consistently demonstrated professionalism, responsiveness, and efficiency. His instructional materials were easily comprehensible, and both he and his staff provided clear and concise explanations at every stage. His representation was highly effective. I wholeheartedly recommend his services; he is both diligent and fair.Carol
My experience with this firm was great. My VA claim was handled in a professional way resulting in a very positive result. They handled all of the paperwork and kept me informed of anything that I needed to do or know about. I highly recommend Perkin Studdard to handle your VA claim. Msgt USMC retiredFrank Desselle
Went with Perkins Studdard for assistance with my VA claim and received the result I was looking for! The team is extremely professional and provides great communication. I highly recommend!Desirae
I highly recommend going to Perkins studdard for VA claims! We have been fighting with the VA on service connected disabilities for 5 years and they helped us get our claims processed. Thank you guys!!!Chelsea
Recommend 100% After calling many attorneys and being turned away. They took my case and did amazingly well. They were patient and respectful throughout the process. Thease guys are legit and know their stuff!!!Mary Ann Sotelo
Great people, Great Service 100% Satisfied and has recommended them to a few people.Flo N Scnts Johnson
Happy and impressed working with Perkins Studdard to help me through the VA claim maze. Don't hesitate to contact them for help. You cannot do it alone.Jim & Linda Woychik
My experience with this firm was overwhelmingly awesome! My attorney is very knowledgeable in veteran law and the rest of the staff is polite and they answer emails in a timely manner. I definitely recommend Perkins Studdard for you VA claim needs.Juan Armenta
I understand you want your VA claim to be done as quickly as possible. But remember the ultimate goal – to win your VA disability compensation claim.
You may eventually get there on your own, but it may be after a series of decisions by the Regional Office and Board of Veterans Appeals. Sometimes claims are appealed and remanded several times, which can cause a claim to drag on for years. If you are interested in avoiding unnecessary delay in your claim and want to do everything you can to maximize your chances of success, it is probably a good idea for you to consult with an accredited veterans disability attorney.
We would be happy to talk to you. If you would like a free consultation with our Perkins Studdard veterans disability attorneys just click here or give us a call to begin the process.
