A Guide to Filing a Migraine Claim with the VA

As a veteran, you have access to VA disability claims for any disabling condition that was caused by your service. Securing those benefits can be easier said than done, particularly when it comes to getting a service-connected for migraines (migraine VA rating). Many successful claims involve treating your migraines as a secondary condition linked to another disability. 

Denied claims are a common part of this process. Thankfully, you have the chance to appeal any denial and get the outcome you deserve. At Gang & Associates, we understand how important your claim is. We are ready to answer your questions and help you deal with your denial.

Review Your Eligibility for VA Disability Benefits

Before you file a claim or submit to an examination with a VA doctor, your first step should be to review the eligibility requirements and make certain you qualify for benefits. In general, you must be able to show that (1) you are a veteran, (2) you are currently diagnosed with a migraine impairment, and (3) there is a nexus between your disability and your service.

Qualifying as a Veteran

Benefits through the VA are limited to veterans, but that term may not apply to every person who has ever worn a uniform. To qualify, you must have served in active duty, active duty for training, or inactive duty for training. Finally, you may be excluded if you received a dishonorable, bad conduct, or other than honorable discharge.

Proof of Your Diagnosis

A formal diagnosis of migraines is an important part of a disability claim. Without a diagnosis, you can expect the VA to send you a denial letter. The symptoms associated with a migraine are also linked to other conditions like stress or sinus headaches, so it is important to be able to prove your disability exists. A diagnosis from a neurologist will likely make for the strongest possible claim.

Evidence of a Service-Related Connection

One of the most contentious parts of a migraine disability claim involves establishing a service-related connection. The VA will not pay for every health condition you are dealing with, only those directly linked to your service. Unlike acute injuries, which are easily traced to a specific incident, it can be challenging to prove that your migraines are the result of a service-related event. 

Consider Filing for a Secondary Service-Related Connection

The reality is there are downsides to pursuing a migraine claim on its own. First, it can be challenging to find evidence that your migraines are directly linked to a specific event. Also worth noting is that, unlike most disabilities, your migraines are capped at a 50% migraine VA rating is capped at 50%. That means even if the VA acknowledges your diagnosis, you will never qualify for full disability benefits through a migraine claim. 

Thankfully, you have the opportunity to pursue migraines as a secondary service-related connection. That means they are the direct result of some other disability that the VA has already granted service-connection, like tinnitus. Instead of making the case that a certain event led to your migraines, you will only need to show that they were caused by your underlying condition.  

File Your Claim With The VA

Your next step is to formally begin this process by filing your claim with the VA. You have a few different options on how this can be done. You must file your claim on your own, but an attorney can guide you during an appeal if it becomes necessary. Some people still choose to file their claims by mail. Other veterans might opt to file over the phone, via fax, or by visiting their local VA office in person. With each of these options, it may be worthwhile to consider preparing an Intent to File form. This form is used to place the VA on notice of your pending claim. What’s more, it sets your effective date for benefits. This is important, as you might be eligible for retroactive benefits starting on this date. 

Wait For Your Result

At this point, all there is to do is wait for further communication from the VA. It is possible that they will ask you to submit to an examination with one of their doctors. Compliance is necessary, even if you believe the exam is unnecessary. Once you follow through with these steps, you will only need to wait for a final decision. 

Once the VA notifies you of its decision, you have the opportunity to appeal. If denied service-connection or if you seek a higher rating, you may appeal. An attorney can handle your appeal and advise you on the different options available to you.

Seek Help with Your Appeal of a Migraine VA Rating- Call Gang & Associates Today

If your claim for benefits based on your history of migraines was unsuccessful, an appeal might be the right option for you. The sooner you speak with the attorneys of Gang & Associates, the faster they can get to work on your claim. You only have one year to lodge an appeal, so there is no time to delay. Contact us or call 888-878-9350 right away to learn more about how our firm can help you get the best possible outcome.