Filing Question

[mags1023]

I need some advice. I am currently in the waiting game for the BVA on 2 conditions. One is a low ball on depression (10%) and the other is to get service connection for DDD of thoracolmbar spine. I filed my form 9 in Jan08. Now for my question: I am currently SC for DDD cervical spine (30%) and have been experiencing migraine headaches every couple of days for over 2 years. The VA has prescribed Maxalt XLT and it helps me get rid of the migraine, but doesn't prevent them. During my last VA visit with my physician, I asked him if he thought my migraines were due to my cervical problems and he said "yes, absolutely". I asked him if he would put that in his report (my progress notes) and he did saying "member is experiencing migraines that are probably due to cervical spine condition." Is this enough or do you think VA will require a C&P?

I am not SC for migraines and with the frequency the way I read the 38CFR I should get 30%. Should I file now while I am waiting on my appeal?? Will this delay my appeal? I believe the additional 30% would get me to 90% overall.

Thanks in advance for your advice.

[john999]

Mags

You don't want to mention anything about a disability that occurred before your military service. If you had severe economic inadapability before the military that will explode in your face in you mention that fact to the VA. What you are going to claim is that your migranes are so bad they cause severe economic inadaptability. You are claiming the military caused the migranes, right? Remember that before the military you were in perfect health and afterwards you are so ill you cannot work and now due to migranges are incapacitated.

[mags1023]

Hey John:

Yeah, that is just what is in the 38CFR diagnostic code. I'm not claiming that. I am claiming "Migraine with characteristic prostrating attacks occurring on an average once a month over last several months 30". I am getting them 2-3 times a week. The ortho Doc says he doesn't want to cut on me, but I don't know how much longer I can take this. I started getting one about an hour ago and took a Maxalt and it helped.