Common Reasons Migraine and Headache Claims Get Denied or Underrated
- Missing or weak nexus evidence: VA denied the claim because the connection between military service and the current headache condition wasn’t clearly established.
- Prostrating attacks undercounted: Migraines are rated on the frequency of prostrating attacks, and VA often underrates a claim by not fully crediting how often attacks force a veteran to stop all activity.
- Overlooked secondary connections: Migraines and chronic headaches can develop secondary to a traumatic brain injury, cervical spine condition, PTSD, or other already-service-connected disabilities.
- Economic impact not captured: A rating that stops short of 50 percent may not reflect attacks severe and frequent enough to be productive of severe economic inadaptability.
- Old or stalled appeals: Appeals that have been open for years without a final decision, or that keep bouncing back and forth at the Board of Veterans’ Appeals.
What Makes CCK Law Different?
Difficult appeals are what our team does.
- A former Veterans Law Judge is part of our team.
- Precedent: CCK Law has argued cases that set precedent affecting millions of veterans over 117 times.
- Federal court experience: When VA didn’t get the law right, we take it to federal court. CCK Law has represented over 18,000 veterans and dependents at the U.S. Court of Appeals for Veterans Claims, and files writs of mandamus when an appeal has stalled.
- Depth: Over 100 individuals at CCK Law are accredited by VA or admitted to practice before the Veterans Court, one of the largest and most experienced teams in veterans law.
- Track record: CCK Law has had favorable outcomes in 98.5 percent of its actions before VA and a 95 percent win rate before the U.S. Court of Appeals for Veterans Claims. Past results do not guarantee future outcomes.
- Compensation recovered: Over $1 billion for 36,000+ clients since 1999.
Benefits Veterans With Migraines or Headaches Often Miss
A free evaluation looks beyond the rating VA already assigned. For example:
- TDIU: Total disability based on individual unemployability pays at the 100 percent rate when service-connected conditions, including migraines, prevent substantially gainful employment.
- Special Monthly Compensation: Pays above the 100 percent rate for veterans who need aid and attendance, are housebound, or have certain combinations of disabilities.
- Secondary conditions: Migraines are frequently secondary to another already-service-connected disability, such as a TBI or neck injury, and can also cause or worsen others, including depression and sleep impairment.
- Effective dates and back pay: An earlier effective date can add years of retroactive benefits, and in an older appeal the effective date is often the most valuable issue in the file.
Don’t wait to appeal. Call (844) 965-3844 for a free evaluation.
WHAT TO EXPECT
Our Process
Every case is unique. At CCK, our clients benefit from our collaborative approach to practicing law. We work to ensure that every client gets the individualized care and attention they deserve.
Free Case Evaluation
We will gather information about your case
Assigning Your Dedicated Team
Each client has their own dedicated team of advocates who will be in close communication with you throughout your case.
Case Strategy & Implementation
Based on you unique circumstances, your team will work with you to formulate the strongest possible strategy for your case.