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Migraines and TDIU

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Blessedmom

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Good afternoon,

I hope you are not receiving this twice. I hit send, but I don't know what happened. I need help/advice. I am at the max of 50% for migraines and 70% for depression etc.. I have been service connected with migraines for a while. I have been service connected for depression for about 2 or 3 years. I have a total of 90%. My question is my migraines have become extremely worse. I was just diagnosed by the VA doctor with complex migraines (stroke like symptoms). We have been through a lot of medication with no success. My doctor said I have one more medication to try and then there is nothing else. I have been to the ER quite a few times for my migraines. My psychologist told me to put in for TDIU, but I am not sure if I should do the TDIU way or ask for an extraschedular consideration for my migraines since I am at the max. I have looked at the decision appeals boards and someone actually put in for both extraschedular and TDIU, but the case was remanded. I just need someone to point me in what direction should I go. Oh, I forgot to mentioned that I have not worked in over 5 years, but I read on the board(I think) that I am still to file the TDIU form and just put that I have not worked in the past 5 years)  Thank you for you help in advance

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Examples of veterans cases that get denied for painful migraines

A Case was denied on the grounds that "there is a likelihood of improvement".  That, of course, is total bullshit.  They literally and blatantly ignored doctors evidence with that statement and are going to do the same thing to you if you don't have any direct statements to the opposite.

Another case was denied because the veteran did not submit evidence that showed her trying for, and being denied access to gainful employment. Apparently you're supposed to go out there and get fired from a bunch of jobs in order to satisfy some wealthy bastard at the V.A. who doesn't understand, or care to understand, disabling migraines.

 

Please get a Veterans Lawyer and ask him how he wants you to avoid the above happening to you.  Fair warning good luck

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Forgot to mention, that as far as I understand migraines, the last line of treatment involves surgery and that may also involve implanting a foreign device.  If you elect not to get surgery or a device implant (perhaps in order to avoid paralysis or other complications), then you're going to want to ask your lawyer how to defend that decision to the V.A. as well.  They can and will think of anything possible to deny you. Anything.

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