What Is The Service Connected Rating For Residual Tbi

VA disability compensation for headaches

This is part 3 in a 3 part series on maximizing your VA disability compensation for headaches.

You tin can read more almost how to get VA Inability for Migraine headaches past clicking here to read the starting time part of the series.

And you tin can learn more well-nigh how to get the highest VA Rating for migraine headaches in Part ii of this series by clicking here.

In this part I want to bear witness you how to maximize your VA Disability compensation for headaches, by giving you lot 5 pointers that are frequently disregarded by Veterans with VA disability claims for headaches.

Let's go to information technology…..

5 Pointers for Maximizing VA Disability Compensation for Headaches.

Pointer #1: Yous can get Compensation for more than than merely "Migraine" Headaches.

This rating criteria is commonly thought to use only to migraine headaches. This would be wrong.

VA Disability compensation for headaches is available for ALL types of headaches – non but migraines.

If y'all have TBI headaches, yous are going to want to push for rating of your condition using a hyphenated Diagnostic code. For case, consider diagnostic code 8045-8100.

A hyphenated diagnostic code is used when a rating nether one diagnostic lawmaking requires use of an additional diagnostic lawmaking to place the basis for the evaluation assigned. 38 C.F.R. § 4.27.

So, in the above scenario of TBI headaches, Diagnostic Code 8045 represents residuals of traumatic brain injuries, while Diagnostic Code 8100 addresses headaches. 38 C.F.R. § iv.124a.

In rating the residuals of a TBI (on or after Oct 23, 2008), the VA instructs its raters to evaluate subjective symptoms that are residuals of a traumatic brain injury, whether or not they are part of cerebral impairment, under the subjective symptoms facet in the table.

However, the rater is to separately evaluate any residual with a singled-out diagnosis that may exist evaluated under another diagnostic code, such as migraine headache or Meniere'southward disease, even if that diagnosis is based on subjective symptoms, rather than under the tabular array 73 Fed. Reg. 54693 (Sept. 23, 2008).

What does that mean? If your headaches upshot from a TBI, maximizing your VA disability compensation for headaches means getting a headache rating that is Dissever from the TBI rating.

Some other case are Tension Headaches.

Tension headaches are non a listed disability in the rating schedule for VA disability compensation.

And so what do y'all exercise?

When an unlisted condition is encountered, it is permissible to abet for the VA to charge per unit y'all using the diagnostic code from a closely related disease or injury in which non only the functions affected, but the anatomical localization and symptomatology are closely analogous. 38 C.F.R. § 4.20 (2014).

That's a mouthful.

Let's apply it to the tension headache merits.

Since at that place is no rating schedule for tension headaches, and since the migraine headache DC 8100 is closely related considering it discusses the same symptomatology in regards to the same anatomical body function, 38 CFR 4.20 compels the consideration of DC 8100 to rate the unlisted tension headaches.

For you "code-sheet" geeks, co-ordinate to VA policy, when a disability is not specifically listed, the Diagnostic Lawmaking will exist "built upwardly," meaning that the first 2 digits will be selected from that part of the schedule most closely identifying the part of the trunk involved, and the concluding 2 digits will exist "99." 38 C.F.R. § 4.27 (2014). In the instant case, the Veteran's disability is listed under code 8199-8100.

Lesser line – you lot can maximize your VA inability compensation for headaches by recognizing that ANY kind of headache that is relate to war machine service, acquired by another service continued condition, or aggravated by treatment of a service-continued condition entiles you to VA disability compensation for headaches

Pointer #2: Medication and Flareups in the Compensation and Pension Examination.

Obviously, many of us with headaches use medicine to care for them.

The VA cannot consider the ameliorative effect of your medication for your headaches because the Diagnostic Code doesn't specifically allow it do so.

So, when rating your migraines, the VA C&P Examiner must look at your condition over a menstruum of fourth dimension to make up one's mind its severity….but if they consider reducing your rating, or give yous a lower rating because you lot are taking medication for your headaches, there is fault in this decision and it is worth highly-seasoned. Don't file a reconsideration – file an appeal!

It's also pretty common to run into the VA deny a compensable rating for migraines or headaches – or depression-ball the rating – because you lot aren't experiencing headaches at the time of the examination.

That's silly, when you remember about it.

What are the odds that at the exact moment of your C&P Exam y'all will feel a headache that characterizes your status? Actually, given that nosotros are dealing with the VA, probably pretty high, rate?

All kidding aside, in the next pointer I will talk to you nearly the importance of a "Headache Journal" – this volition aid yous requite the examiner an idea of the picture of your whole headache condition over a period of fourth dimension.

If you share this data with them – preferably in Sworn Declarations – and they still rate you depression or at a 0% level because you weren't having a headache at the fourth dimension of the test, you lot might want to requite strong consideration to filing a Notice of Disagreement and highly-seasoned what is likely a depression-balled rating.

Pointer #3: Keep a Headache Journal to Maximize the rating.

The twenty-four hours you file your claim for VA disability bounty for headaches, run down to Office Depot and grab yourself a $1.99 notebook.

In that notebook, start keeping a headache journal.

Write downwards the appointment and time of the headache, how long information technology lasted, how it felt, how you responded to it (laid downwards, constitute dark room, threw up in bathroom, etc), who saw it happen or was around when it happened, etc. You don't need to write "War and Peace"…just central memory joggers almost the time, duration and effects of the headache.

This becomes crucial when you read Indicate #iv. If you have been keeping a skillful "headache journal", when yous need to build the Sworn Declarations to maximize your VA disability compensation for headaches at the rating phase.

All you have to do is go through your headache journal and turn information technology into a sworn declaration.

If at that place is ever a question – in an increased rating merits, or a staged rating scenario, for instance – of when your condition got worse, or when yous became entitled to the higher rating, this Headache Journal essentially becomes the key to getting you the earliest and highest rating or effective date possible.

Arrow #4: MORE Lay Evidence means More VA disability compensation for headaches.

I touched on this in the 2d part of this series of posts, and I go into great detail on using Lay Evidence to evidence service connectedness and rating criteria in VA Claims in my VA Claims Evidence Field Manual.

Merely it is important enough to emphasize here, again.

When it comes to securing the highest charge per unit of VA disability compensation for headaches, information technology is Lay Show that will make or break your case. Once y'all take a medical tape of headaches, tension headaches, migraine headaches, etc., and then what is most important to maximize the rating is Lay Evidence.

That Lay Prove should focus on 3 things, and be developed by affidavits or sworn declarations from equally many people every bit you can identify:

The FREQUENCY of your headaches and prostrating attacks, and the interference with your economic viability: how many times do you experience these symptoms in a given time menstruum. 3 times a day? 10 times a calendar week? Daily every month? Bear witness upward the Frequency in your sworn declarations.

The CHRONICITY of your headaches and the resulting prostrating attacks or economic inadaptability. Chronicity differs from frequency in this way: given a detail frequency of a set of symptoms, how long over time have you experienced those symptoms? In other words, frequency speaks to having headaches "every hour during the twenty-four hour period". Chronicity speaks to having headaches "every hr during the day, for the last 5 years". Encounter the difference? It's crucial particularly when the VA has to figure out what rating you should exist assigned historically in your claim. (Posts on staged ratings are coming presently).

The SEVERITY of your headaches is the essence of a VA rating for the status. This is where you describe how the headaches feel, what they issue in, and where it is hurting you lot. You lot actually need to paint a picture. It is one affair to discuss the Frequency and Chronicity of your headaches by proverb: "I have headaches every hour during the day for the last v years" It is a whole unlike ball-game when you tin can paint the picture of the SEVERITY: "I have headaches every hour during the day for the last five years, and when they hit me, I take to find a dark room to lay down in for 40 minutes, while a throw-up from the dizziness, and cry because my caput feels like its being crushed in giant vice."

Pointer #5: Don't forgetVA disability compensation for headaches secondary to another service-connected condition.

Headaches are secondary to a whole host of medical weather – and equally explained in the case of the TBI related headaches higher up, should be rated every bit separate conditions past the VA.

Have a Encephalon Tumor? Aridity from cancer treatment frequently causes headaches – bad ones. And so secure secondary service connection and a secondary rating for your headaches resulting from the Brain Tumor.

TMJ pain is pain that results from the articulation/swivel that connects your jaw to your skull. TMJ pain is discussed and explained here – and I think you'll agree with me that whatsoever Veteran that has had severe head or neck jaw is at a high risk for TMJ pain. When a Veteran experiences TMJ related hurting, headaches are a pretty common result. Again, recollect secondary service connection and split headache rating hither.

Here'southward listing of a whole bunch of other common Veteran medical atmospheric condition that cause – or result in – astringent and prolonged headaches: Neck and Cervical sprains and strains, Sinusitis, Chronic Rhinitis, and Upper Respiratory Tract Infections, Strokes, Traumatic Encephalon Injuries, Concussions, Chronic Fatigue Syndrome (CFS), Fibromyalgia, CMSI from Gulf War Syndrome, Sleep Apnea, other Sleep Disorders, Renal failure, thyroid issues, chronic dehydration, rhabdomyolosis….the list goes on and on.

More than that though, recollect about how many of your medications prescribed by the VA upshot in headaches every bit a side effect. When VA treatment results in some other condition, you have 2 other legal theories to consider: secondary service connection, and service connexion due to VA Medical handling.

Lesser line, if yous have any service-continued status, and headaches are a symptom or result of that condition or its handling, yous should exist considering secondary VA disability compensation for headaches.

That ends this iii-role serial.

And it's a TON of information.

If after reading it, you lot have any questions about VA inability compensation for headaches, use the course in the lower right corner (or the green support button on any page of the Veterans Law Blog) to send me your questions.

My goal is to make the Veterans Police Blog the BEST resource for Veterans trying to cutting through the FOG of VA Claims, and I can only do that if you let me know where you lot need More information.