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Rich W

Completing A Nod

Question

I recently received my rating for migraines. The rating was 0%. The rating decision stated I did not suffer from prostrating episodes and the examiner stated the migraines do not affect my work. This is a total contradiction to what I put down on my claimant medical history form I turned in to the examiner during my C&P exam. It was also contrary to what I stated to the examiner. I am going to send in a NOD. I'm just not sure what to include in the NOD.

I have a copy of the Claimant Medical History form I filled out (I try to copy everything). Would it be a good idea to include this and refer to it in the NOD?

Also, should I add new evidence in the NOD? I have gone to the VA hospital multiple times for my migraines, one being an ER visit where I was given an IV and an injection to help with the migraine. My primary care physician has scheduled a CT scan and a neuro consult. Should I add all this to the NOD or should I wait for the CT scan and neuro consult results before sending in the NOD?

Should I only include the Claimant Medical History form or should I also include the new medical evidence or neither?

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3 answers to this question

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Refer to-in the NOD- and then tell them it is attached-

ANY evidence whatsoever that shows your migraines are more disabling than "0".

Have you determined what level your rating should be? They should have included the migraine rating schedule with the decision.

You can send them copies of the Neuro consult and MRI results with a 21-4138 (available at the VA web site-Statement in Support of Claim) if you do not have them by time you file a NOD.

"I have gone to the VA hospital multiple times for my migraines, one being an ER visit where I was given an IV and an injection to help with the migraine."

Did they list these records as evidence and refer to them in the decision?

Do you have copies of your VA medical records?

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I recently received my rating for migraines. The rating was 0%. The rating decision stated I did not suffer from prostrating episodes and the examiner stated the migraines do not affect my work.

Rich W,

In the rating decision, what did the doc state is the etiology of your headaches.

In other words your headaches are caused by... What ?

Are they a result of head injury ?

Do you know the Diagnostic Code they rated you under ?

It looks to me like they rated you under pre Oct 2008 DC 8045.

carlie

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So it's recommended to include any new evidence in the NOD.

Here is the background:

I have migraines due to bilateral reciprocal disc displacement (TMJ). I also have a 0% rating for TMJ. The rating decision stated that a non compensable evaluation is assigned unless there are characteristic prostrating attacks so I assume they put me in the "with less frequent attacks". I looked at the rating schedule and it breaks down the rating as the following:

8100 Migraine:

With very frequent completely prostrating and prolonged attacks productive of severe economic in adaptability....50%

With characteristic prostrating attacks occurring on an average once a month over last several months....30%

With characteristic prostrating attacks averaging one in 2 months over last several months....10%

With less frequent attacks....0%

I consider myself in the 30% category because I have characteristic prostrating attacks occurring on average 4 times a month. My migraines do not affect my ability to keep my job although it does affect my work. This is mainly because my boss also suffers from migraines and is very sympathetic. I think they have a problem characterizing my migraines as prostrating even though I stated I require complete bed rest when I have an episode (in my bed with the lights off and no noise). I looked for a definition of prostrating and it is not clearly defined. My medical records just state I suffer from migraines, they never got into the details about the severity of my migraines.

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