Citation Nr: 21062491
Decision Date: 10/07/21	Archive Date: 10/07/21

DOCKET NO. 16-21 966
DATE: October 7, 2021

ORDER

A 30 percent rating, and no higher, for migraine headaches is granted.  

FINDING OF FACT

The service connected migraine headaches have been shown to be manifested by no more than characteristic prostrating attacks of migraine headache pain with associated nausea, vomiting, light and sound sensitivity, changes in vision (such as scotoma, flashes of light, tunnel vision), and sensory changes (such as feeling of pins and needles in extremities). 

CONCLUSION OF LAW

The criteria for a 30 percent rating for migraine headaches are met.  38 U.S.C. § 1155; 38 C.F.R. § 4.124a, Diagnostic Code 8100.  

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran had active service from June 1996 to March 2013.  

Rating for Migraine Headaches 

The Veteran asserts that a rating excess of 10 percent is warranted for the service connected migraine headaches as the disability has worsened and is manifested by migraines three to four times a month.  

A 10 percent rating is warranted for migraines with characteristic prostrating attacks averaging one every two months over the last several months.  A 30 percent rating requires migraine headaches with characteristic prostrating attacks occurring on an average of once a month over the last several months.  A 50 percent rating requires migraine headaches with very frequent, completely prostrating, and prolonged attacks productive of severe economic inadaptability.  38 C.F.R. § 4.124a, Diagnostic Code 8100.  

The report of an October 2013 Department of Veterans Affairs (VA) headaches examination states that the Veteran complained of headaches manifested by bilateral head pain with nausea and light and sound sensitivity, and visual changes (such as scotoma, flashes of light, tunnel vision).  He reported that the headaches lasted between one and two hours.  The examiner stated that the Veteran did not have characteristic prostrating attacks of migraine headache pain and the migraine headaches did not impact his ability to work.  

The report of a January 2015 VA headaches examination conveys that the Veteran complained of progressively worsening headaches.  He reported experiencing headaches twice a week which lasted between three and four hours with associated bilateral head pain with nausea, vomiting, and light and sound sensitivity.  The examiner stated that the Veteran did not have characteristic prostrating attacks of migraine headache pain and the migraine headaches did not impact his ability to work.  

A July 2015 VA treatment record conveys that the Veteran reported experiencing five to seven migraines a month with associated aura, nausea, photophobia, and vertigo. 

The report of a July 2021 headaches examination conducted for VA states that the Veteran complained of headaches manifested by bilateral head pain with nausea, light and sound sensitivity, changes in vision (such as scotoma, flashes of light, tunnel vision), and sensory changes (such as feeling of pins and needles in extremities).  The examiner stated that the Veteran had characteristic prostrating attacks of migraine headache pain.  The doctor commented that the Veteran did not experience very prostrating and prolonged attacks of migraines/non-migraine pain productive of severe economic inadaptability.  

The service connected migraine headaches have been shown to be manifested by characteristic prostrating attacks of migraine headache pain with associated nausea, vomiting, light and sound sensitivity, changes in vision (such as scotoma, flashes of light, tunnel vision), and sensory changes (such as feeling of pins and needles in extremities).  Such findings merit assignment of at least a 30 percent rating under the provisions of Diagnostic Code 8100.  At the most recent headache examination of record, the examiner determined that the service connected headache disability was not productive of very prostrating and prolonged attacks of migraines/non migraine pain productive of severe economic inadaptability.  The record does not establish, and the Veteran has not alleged, that he experiences very prostrating and prolonged attacks of migraines.  Therefore, the Board of Veterans' Appeals concludes that a 30 percent rating and no higher is warranted for the service connected migraine headaches.    

 

J. T. HUTCHESON

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	 A. Smith, Associate Counsel

The Board's decision in this case is binding only with respect to the instant matter decided. This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.