Denial of migraines

So I jsut got my awards letter for my TBI and my migraines. Definitely going to request copies of the C&P exam for the migraines because I Definitely discussed my migraines and having issues with them. Prostrating migraines, impact on family and work life, a couple migraines a month and everything. As well as Ocular Migraines issues. When discussing tbi I also told them I have issues remembering people's names, it takes a good while for me to do so. As well as remembering a dozen or more street names in my home town and things like that.

I'll see what the exam actually says and decide if I'm going to file a supplemental claim or HLR.

Any recommendations or advice?

1. Service connection for traumatic brain injury with migraines.

Service connection for traumatic brain injury with migraines has been established as directly

related to military service. (38 CFR 3.303, 38 CFR 3.304)

Your migraines is a symptom of your traumatic brain injury. The evaluation of your migraines is

currently non-compensable and therefore evaluated with your traumatic brain injury.

The effective date of this grant is November 7, 2025. Service connection has been established

from the day VA received your intent to file (ITF) a claim for compensation. When a claim of

service connection is received more than one year after discharge from active duty, the effective

date is the date VA receives the intent to file when a prescribed form is received within a year of

the ITF. (38 CFR 3.155, 38 CFR 3.400)

A noncompensable evaluation is assigned from November 7, 2025.

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We have assigned a 0 percent evaluation for your residuals of head injury based on:

• The highest level of severity of "0"

The rating schedule contains ten important facets of TBI related to cognitive impairment and

subjective symptoms. It provides criteria for levels of impairment for each facet, as appropriate,

ranging from 0 to 3, and a 5th level, the highest level of impairment, labeled "total." However,

not every facet has every level of severity. The Consciousness facet, for example, does not

provide for an impairment level other than "total" since any level of impaired consciousness

would be totally disabling. A 100 percent evaluation will be assigned if "total" is the level of

evaluation for one or more facets. If no facet is evaluated as "total," the overall percentage

evaluation will be assigned based on the level of the highest facet as follows: 0 =

noncompensable; 1 = 10 percent; 2 = 40 percent; and 3 = 70 percent. For example, a 70 percent

evaluation will be assigned if 3 is the highest level of evaluation for any facet.

The following facet(s) cannot be used to support your evaluation as it is being used to support an

evaluation for separate disability or has been found to be unrelated:

•Subjective Symptoms Facet

•Consciousness Facet

•Neurobehavioral Effects Facet

A level of severity of "0" has been assigned for your Memory, Attention, Concentration,

Executive Functions Facet based on:

• No complaints of impairment of memory, attention, concentration, or executive functions. (38

CFR 4.124a)

A level of severity of "0" has been assigned for your Judgment Facet based on:

• Normal. (38 CFR 4.124a)

A level of severity of "0" has been assigned for your Social Interaction Facet based on:

• Social interaction is routinely appropriate. (38 CFR 4.124a)

A level of severity of "0" has been assigned for your Orientation Facet based on:

• Always oriented to person, time, place, and situation. (38 CFR 4.124a)

A level of severity of "0" has been assigned for your Motor Activity (with intact motor and

sensory system) Facet based on:

• Motor activity normal. (38 CFR 4.124a)

A level of severity of "0" has been assigned for your Visual Spatial Orientation Facet based on:

• Normal. (38 CFR 4.124a)

A level of severity of "0" has been assigned for your Communication Facet based on:

• Able to communicate by spoken and written language (expressive communication), and to

comprehend spoken and written language. (38 CFR 4.124a)

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5An overall noncompensable evaluation is assigned for your residuals of head injury based on the

highest level of severity of "0". (38 CFR 4.124a)

A higher evaluation of 10 percent is not warranted for traumatic brain injury (TBI) unless the

evidence shows:

• A complaint of mild loss of memory (such as having difficulty following a conversation,

recalling recent conversations, remembering names of new acquaintances, or finding words, or

often misplacing items), attention, concentration, or executive functions, but without objective

evidence on testing; or,

• Comprehension or expression, or both, of either spoken language or written language is only

occasionally impaired. Can communicate complex ideas; or,

• Mildly impaired judgment. For complex or unfamiliar decisions, occasionally unable to

identify, understand, and weigh the alternatives, understand the consequences of choices, and

make a reasonable decision; or,

• Mildly impaired. Occasionally gets lost in unfamiliar surroundings, has difficulty reading maps

or following directions. Is able to use assistive devices such as GPS (global positioning system);

or,

• Motor activity normal most of the time, but mildly slowed at times due to apraxia (inability to

perform previously learned motor activities, despite normal motor function); or,

• Occasionally disoriented to one of the four aspects (person, time, place, situation) of

orientation; or,

• One or more neurobehavioral effects that occasionally interfere with workplace interaction,

social interaction, or both but do not preclude them; or,

• Social interaction is occasionally inappropriate; or,

• Three or more subjective symptoms that mildly interfere with work; instrumental activities of

daily living; or work, family, or other close relationships. Examples of findings that might be

seen at this level of impairment are: intermittent dizziness, daily mild to moderate headaches,

tinnitus, frequent insomnia, hypersensitivity to sound, hypersensitivity to light. (38 CFR 4.120,

38 CFR 4.124a)

Additionally, a higher evaluation of 100 percent is not warranted for traumatic brain injury (TBI)

unless the evidence shows:

• Complete inability to communicate either by spoken language, written language, or both, or to

comprehend spoken language, written language, or both. Unable to communicate basic needs; or,

• Consistently disoriented to two or more of the four aspects (person, time, place, situation) of

orientation; or,

• Motor activity severely decreased due to apraxia; or,

• Objective evidence on testing of severe impairment of memory, attention, concentration, or

executive functions resulting in severe functional impairment; or,

• Persistently altered state of consciousness, such as vegetative state, minimally responsive state,

coma under the consciousness facet; or,

• Severely impaired judgment. For even routine and familiar decisions, usually unable to

identify, understand, and weigh the alternatives, understand the consequences of choices, and

make a reasonable decision. For example, unable to determine appropriate clothing for current

weather conditions or judge when to avoid dangerous situations or activities; or,

• Severely impaired. May be unable to touch or name own body parts when asked by the

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5examiner, identify the relative position in space of two different objects, or find the way from

one room to another in a familiar environment. (38 CFR 4.120, 38 CFR 4.124a)

A noncompensable evaluation is assigned for you migraines based on:

We have assigned a 0 percent evaluation for your post-traumatic headaches/migraines based on:

• Less frequent attacks

A higher evaluation of 10 percent is not warranted for migraines unless the evidence shows:

• Characteristic prostrating attacks averaging one in 2 months over last several months. (38 CFR

4.120, 38 CFR 4.124a)