new claim, appeal or reconsideration

[oldtimer92]

OK Experts,

I am currently rated 30% under migraines for headaches NOS. Before i ever put in a claim, I was experiencing jumping of my left eye. I kept going to my family doctor and telling her about the issue and also at my year eye exams. Explained the issue with my optometrist. Kept being told it could be stress, eye strain, lack of sleep. As my headaches became more frequent due to the issue or thee issue made headaches that much worse and the jumping moved down the side of my face to my lips. Well this scared me so I made an appointment with an opthamology specialist, he ordered a cat scan. Diagnosed as hemificial spasms:

hemifacial spasm by definition

a disorder of the facial nerve characterized by unilateral involuntary paroxysmal contractions of the facial muscles,caused by high-frequency bursts of motor units lasting from a few msec to several seconds; reported causes include compression of the ipsilateral facial nerve near its exit from the 9pons by a vascular malformation, compression of theipsilateral facial nerve by a posterofossa neoplasm, and idiopathic derivations

 

Condition is the same as having convulsive tics or terret syndrome. I was told by the opthamologist that I could have a surgery or do botox injections. This would help with the tics and the headaches. So I choose to do botox every 4 months. First few rounds went great no issues, now all of a sudden I have muscle weakness and a droopy left eye. Given eye drops to help raise the eye lid. This of course is affecting my vision in my left eye.

 

I filed a claim with hemifacial spasms secondary to migraines, of course the claim was DENIED. VA says that this was not caused by headaches and I know it started when headaches increased and intensified. I was going to drop it and let it go, but now with these new issues and I am being told that they dont know if this will reverse it self or this will be my permanent look.

 

I have until December to file for an appeal. Do I submit a new claim or do  I file for muscle weakness, convulsive tics, droopy eye or all separate as secondary to migraines or secondary to botox that was treating the migraines?

 

Thanks in advance

 

[Berta]

sorry for double posts.....Yes...you will have to re-open but that will be N & M evidence.

"I have until December to file for an appeal. Do I submit a new claim or do  I file for muscle weakness, convulsive tics, dr "....etc....   do you mean that the year is already  up?

[Gastone]

Don't jerk around with the "what If's" and filing your NOD requesting a DRO Hearing. You missing that NOD Filing Deadline, a very bad decision.

Option 1

File your NOD now, then immediately file an 'Official Request for an Informal DRO Evidence Conference." Between now and when-ever, read up on the M21 DRO Procedures regarding the "DRO Requested Informal Evidence Conference."

Option 2

OR, don't do anything, let your Denial Decision become Administratively Final due to your Failure to file your NOD by 12/??/2016. You can start the Claim all over again, when and if you feel like it. Some Vets think low %SC's, resulting in little or no Retro aren't worth their Time and Effort wrestling with the Appeal.

Semper Fi