MIGRAINE

DAVID H. ROBERTSON · 2026 · Case ID: A26039623

DENIED

Summary

The Veteran, a Navy Veteran who served from March 1995 to March 2000, appeals the April 2025 rating decision concerning his migraine condition. The Veteran sought an increased rating for his migraine, specifically an award higher than the 30 percent rating assigned by the Department of Veterans Affairs. The appeal was filed under the Direct Review option, limiting the Board's review to evidence already before the agency of original jurisdiction. A March 2025 VA examination documented the Veteran's migraine symptoms, including occipital headaches with nausea, vomiting, and light/sound sensitivity occurring twice a week, lasting one to ten hours, and treated with medication. The Veteran reported characteristic prostrating attacks occurring more than once per month but denied completely prostrating and prolonged attacks. The VA examiner diagnosed migraine with variants and noted a moderate impact on the Veteran's ability to work, affecting concentration and productivity. The Board found that while the Veteran experienced prostrating headaches more than once per month, the evidence did not support claims of very frequent, completely prostrating, and prolonged attacks indicative of severe economic inadaptability. The Board concluded that the criteria for a rating exceeding 30 percent were not met, and the benefit-of-the-doubt rule was inapplicable as the evidence was not in approximate balance. Consequently, the Board denied entitlement to an increased rating for migraine.

Rationale

Veteran's reported prostrating attacks occurred more than once per month.; Veteran denied completely prostrating and prolonged attacks.; VA examiner noted moderate impact on work ability, not severe economic inadaptability.

Service Branch

NAVY

Special Benefit

NO SPECIAL BENEFIT

Docket No.

250709-563211

Full Decision Text

Citation Nr: A26039623
Decision Date: 04/28/26 Archive Date: 04/28/26

DOCKET NO. 250709-563211
DATE: April 28, 2026

ORDER

Entitlement to an initial rating in excess of 30 percent for migraine including migraine variants is denied.

FINDING OF FACT

The Veteran's migraine including migraine variants were not manifested by very frequent completely prostrating and prolonged attacks productive of severe economic inadaptability.

CONCLUSION OF LAW

The criteria for a rating in excess of 30 percent for migraine including migraine variants have not been met. 38 U.S.C. § 1155 (2024); 38 C.F.R. §§ 4.7, 4.124a, Diagnostic Code 8100 (2025).

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty in the United States Navy from March 1995 to March 2000.

This case comes before the Board of Veterans' Appeals (Board) from an April 2025 rating decision issued by the Department of Veterans Affairs (VA) agency of original jurisdiction (AOJ). In his July 2025 appeal to the Board, the Veteran elected the Direct Review option. Therefore, the Board may only consider the evidence before the AOJ at the time of the decision on appeal. 38 C.F.R. § 20.301.

If the Veteran would like VA to consider any evidence that was submitted and the Board could not consider, the Veteran may file a Supplemental Claim (VA Form 20-0995) and submit or identify this evidence. 38 C.F.R. § 3.2501. If the evidence is new and relevant, VA will issue another decision on the claim, considering the new evidence in addition to the evidence previously considered. Id. Specific instructions for filing a Supplemental Claim are included with this decision.

Increased Rating - Migraine including Migraine Variant

The Veteran disagreed with the 30 percent rating assigned for his migraine including migraine variant.

At a March 2025 VA headache examination, the Veteran reported occipital headaches with nausea and vomiting and light and sound sensitivity twice a week lasting one to ten hours treated with Imitrex and Motrin. The Veteran described pulsating or throbbing head pain. The Veteran endorsed characteristic prostrating attacks of migraine/non-migraine pain described as occipital headache pain which last less than one day and occur greater than once per month. The Veteran denied completely prostrating and prolonged attacks of migraine/nonmigraine pain. There were no other pertinent physical findings, complications, conditions, signs or symptoms related to headaches. The examiner diagnosed the Veteran with migraine including migraine variants and indicated that Veteran's headache condition moderately impacted his ability to work, and his reported symptoms may affect the ability to concentrate, thus affecting productivity.

Having carefully considered the objective evidence of record and the applicable law, an initial rating in excess of 30 percent is not warranted. In this regard, the evidence of record supports that the Veteran had characteristic prostrating headaches occurring greater than once per month. There is no evidence to suggest that the Veteran's migraine and migraine variants were manifested by very frequent completely prostrating and prolonged attacks productive of severe economic inadaptability. As noted, the VA examiner stated that the Veteran's headache disability had a moderate impact on his ability to work indicating that it was not productive of severe economic inadaptability. As such an initial rating in excess of 30 percent is not warranted.

Accordingly, the Board finds that the benefit-of-the-doubt rule is not applicable as the evidence is not in approximate balance, and entitlement to an initial rating in excess of 30 percent for migraine including migraine variants is not warranted. 38 U.S.C. § 5107(b); Lynch v. McDonough, 21 F.4th 776 (Fed. Cir. 2021) (en banc).

David H. Robertson

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board A. Cryan, 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.

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