Many Veterans who suffer from migraine headaches take medications such as NSAIDs (nonsteroidal anti-inflammatory drugs) like Advil, Aleve, Aspirin, or Celebrex to relieve the pain. While generally safe for short-term use, taking NSAIDs—especially in high doses or for extended periods—carries a risk of side effects. The most notable risk is GERD (Gastroesophageal Reflux Disease), a chronic digestive condition where stomach acid frequently flows back into the esophagus. This dangerous situation can lead to a painful erosion of the lining of the esophagus which can cause ulcers and it can increase the risk of cancer.
Many Veterans have been awarded benefits for GERD as a secondary VA disability claim. You’re eligible for secondary disability benefits if your illness or injury has caused another different and separate impairment. GERD can be a secondary condition to migraine headaches because the pain medications can cause GERD.
To win a GERD secondary to migraine medications claim, you must first establish that you are subject to migraine headaches and that they are connected to your military service. This is called “direct service connection.” You have this connection if an event or series of events that took place during your time in the service caused or made worse the injury or illness you suffer from now.
How do you build a successful secondary claim?
To be awarded secondary benefits you will need solid documentation of your case:
- Diagnosis: A formal diagnosis of GERD documented in your medical records.
- Pharmacy Records: Proof that you are taking, or have taken, prescription or over-the-counter medications for your headaches.
- Independent Medical Opinion (Nexus Letter): A private doctor or gastroenterologist must write a letter stating it is "at least as likely as not" (50% probability) that your GERD was caused by your migraine medications.
- Diagnostic Testing: While not strictly mandatory for initial connection, you may need a barium swallow, endoscopy (EGD), or CT scan to prove the severity of your GERD
How does the VA rate GERD?
When you are approved for disability benefits from the VA, the agency assigns a disability rating percentage that specifies the seriousness of your condition. This percentage is associated with a certain monetary amount you’ll receive for your disability. To receive VA benefits, you don’t have to be completely disabled. However, your condition must have a 10% rating or higher to receive financial compensation.
GERD falls under Diagnostic Code (DC) 7206 within the Department of Veterans Affairs (VA) Schedule for Rating Disabilities. Ratings range from 0% to 80% and are primarily based on the presence of esophageal strictures (narrowing), difficulty swallowing (dysphagia), and whether surgical interventions or repeated dilations are required.
What are the specific VA rating criteria for GERD?
- 0%: Documented history of GERD but no daily symptoms or need for daily medication.
- 10%: Esophageal strictures requiring daily medication to control difficulty swallowing, but otherwise asymptomatic.
- 30%: Recurrent esophageal strictures causing difficulty swallowing, requiring dilation up to 2 times per year.
- 50%: Recurrent/refractory strictures requiring dilation 3+ times a year, dilation with steroids, or an esophageal stent.
- 80%: Debilitating strictures causing aspiration, undernutrition, or substantial weight loss, requiring surgical correction or a feeding tube
Where to turn to for help?
If you are seeking VA disability benefits for GERD or any other service-related illness or injury, we can help you navigate the complex VA disability process including guidance on how to establish a secondary VA disability claim. Contact us for a free evaluation of your situation. At Cuddigan Law you have a team of professionals in your corner who will fight for your rights. And we only get paid when you win your case.
