Characterized by pain, nausea, vomiting, dizziness, blurred vision, and sensitivity to light or sound, migraines are severe headaches that can last for hours or even days. Veterans with chronic migraines can qualify for Total Disability Individual Unemployability (TDIU) benefits if their headaches make it impossible to maintain steady employment.
VA Ratings for Migraines
VA disability claims for migraines are evaluated under 38 CFR § 4.124a, Schedule of Ratings – Neurological Conditions and Convulsive Disorders, Diagnostic Code 8100. Under these criteria, migraines can be between 0 and 50% disabling. To receive a 50% rating, you need to show evidence that your migraines are very frequent, completely prostrating, and that the prolonged attacks have created severe economic inadaptability. Prostrating means the migraine requires a Veteran to stop activity and lay down in a quiet place after taking medication or seeking medical attention.
Eligibility for TDIU
Although earning a 50% disability rating for migraines requires showing that your headaches are severe enough to prevent you from working, this doesn’t automatically qualify you for TDIU benefits. However, you can use your migraine evaluation in support of your unemployability claim.
To earn TDIU for migraines, you need to have a total disability rating of 70% or more and your migraines rated 40% or more. Many Veterans who qualify for TDIU with migraines suffer from service-connected PTSD or traumatic brain injury.
Once awarded, TDIU is not necessarily a permanent benefit. It is possible that you will be scheduled for regular examinations to see if your condition is improving or if there are new treatments that can help you get your migraines under control. If your condition improves enough that you are able to obtain substantially gainful employment, you no longer qualify for TDIU.
Schedule a Case Review
Working with an experienced Veterans benefits lawyer is the best way to build a strong case for TDIU benefits for migraine headaches. The office of Sean Kendall, Attorney-at-Law, is committed to helping Veterans access the benefits they need to provide for themselves and their families. Call our office today to schedule a free, no-obligation initial case review.
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