[Cluster Headache/Migraines]

Hey guys, thanks for the help.  Just checked my claim for an update and my letter was updated on the VA app.  I got my 100% P&T.  
 

I don’t know my rating yet for migraines and I also submitted for Asthma based on the the PACT Act Burn Pit presumptive service connection.  Don’t have that rating either but based on math they both had to be 30% or better.   Looks like they gave me 30 for migraines and increased my sleep apnea to sleep apnea with asthma from 50 to 60.
 

Again, thanks for the advice and I’m so happy the site will stay active.

[C&P for new and increase claim]

Just had my C&P exam today for an increase for headaches rated at 10%.  I believe I can get 50% but we will see.  I provided my headache log and medications and medical  records.  The doctor only asked a few questions and stated this was pretty straight forward.

My new claim was for asthma.  Based on the new PACT Act we are guaranteed service connection.  This one requires a PFT test.  I have medical records showing my treatments but my concern is I fall under the 60% rating but I don’t have the daily medical other than using my inhaler.  This may drop me to the 30%.  May have to go back for an increase after I go back to doctor.

I am hoping for the higher rating but we will see.  I was sent to LHI to do the exam and they were extremely nice and welcoming.  They did not seam to disregard any of my symptoms or make me feel uncomfortable.  
 

My question is if I have two ratings or more at 50% am I eligible for TDIU or P&T. (A bit confused) I’ve been researching but it is not clear if I have to apply or the VA will automatically assign.  I hope to post results in the next couple of months or as soon as they finish the claim.  It’s been a long road to 100% and this may do it for me.

[Cluster Headache/Migraines]

1 hour ago, Vync said:

The rating criteria for migraines is below, with my comments after:

https://www.law.cornell.edu/cfr/text/38/4.124a

I'm at 30% because I maintain a "migraine diary". I just detail date, symptoms, duration, and how long I had to go lay down in a dark quiet room. Although mine can be horrific because they are completely prostrating, frequent, and often prolonged, the VA will not increase me to 50% because I cannot prove they are "productive of severe economic inadaptability". My employer granted me a reasonable accommodation under the ADA by allowing me to rest and recover, then get back to work.

Consider a migraine diary and/or any instances where you reported this to your doc. The VA can grant the effective date of the increase back to when you met the criteria within the past 12 months. Based on the limited details you provided, it sounds like you have a promising chance to get increased to 30% so long as you can prove you meet that criteria.

Additionally, if they give you strong migraine meds like sumatriptan pills/injectables, be sure you read the FDA pamphlet. Check contraindications and special instructions about any special initial or ongoing diagnostics to determine if it is safe for you despite any risk factors. I didn't realize I had most of the risk factors, but the VA failed to do the diagnostics and I landed in the emergency room with a heart attack. I'm not saying this can happen to you, but don't take any chances unless you are fully informed. Stay safe. Read the small print on any migraine meds. Keep in mind that any side effects of migraine treatment might yield secondary SC for something else...

 

 

Vync…thanks for the info.  Every bit will help on this journey 

[Cluster Headache/Migraines]

7 hours ago, pacmanx1 said:

All headaches/migraines fall under 38 CFR 8100. Since you are already rated for cluster headaches, if you file a separate claim for headaches, it will be denied due to pyramiding. You can file for an increase in symptoms, but the VA will most likely challenge your claim. Not that they will try to deny your claim, but the VA seems to be trying to make it harder for veterans to get the max 50% rating.

Accordingly, the DC 8100 Migraines VA Rating Criteria is as follows:

• 50 percent VA rating for migraines is warranted with very frequent, completely prostrating, and prolonged attacks productive of severe economic inadaptability.
• 30 percent VA migraines rating is warranted with characteristic prostrating attacks occurring on an average once a month, over the preceding several months.
• 10 percent VA disability rating for migraines is warranted with characteristic prostrating attacks averaging once per two months, over the preceding several months.
• 0 percent migraines VA rating is warranted with less frequent attacks than the 10 percent rating criteria.

 

  Thanks…I just want the best chance of getting my increase.  I believe I’m at the 50% level.  I am hoping that they consider my PTSD and medications along with previously rated headaches.  

[Cluster Headache/Migraines]

I have a question concerning headaches.  I am rated for cluster headaches(10%).  I have been having migraines 2 to 3 times a month and have been prescribed medication so it is now documented in my records.  I have recently received my rating for PTSD and I am trying to figure out should I apply for and increase for my cluster headaches since I am already service connected or do I apply separately for migraines and s/c it to because of my PTSD?  From what I have read all they fall under the same category.
 

I am working my headache log.  Is there anything else I need to do?

Any help is appreciated

[Nod Or Not]

Once you file the NOD you could actually hire a lawyer.

We may have to discuss the lawyer later. Not sure why I would need one at this time or find one that specializes in VA claims.

[Nod Or Not]

On the question as to whether you should file a NOD or a "new" claim, it depends on if you like money or not.

If you like money, then I would preserve the effective date by filing a NOD.

If you dont like money, or dont need any, then go ahead and file a new claim without timely filing a NOD.

It is possible to do both, for example, by filing for an "increase".

Broncovet,

It's not a money issue...I need to know if I have a legitimate NOD because I claimed sinusitus but diagnosed with Allergic Rhinitis. If I file a NOD and it is not justifiable then I just took away from another vet getting their claim process. If a can claim my rhinitis in place of the sinusitus because it came from my sinusitus C&P then I will most definately do the NOD and hope to get a percentage that will increase my rating with back pay.

[Nod Or Not]

"2. Allegic rhinitis caused by military service."

Did the doctor refer directly to your SMRs for that statement? wAs this from the C & P excam for the sinusitis?

Did you claim allergic rhinitis in the sinusitus claim?

Berta,

Not sure what SMRs are. This was my C&P exam for sinusitus. I claimed sinusitus because that is what my military medical exams stated. When I went in for my claim exam for sinusitus and they took xrays and such the doc stated I had Cartilagenous anterior nasal septum deviated to the right and allergic rhinitis caused by military service. My earlier post is the exact write up from my exam.

The VA denied my sinusitus because I only had one flare up in 2001 so it is not chronic. I didn't know what sinusitus was and didn't care. I only wanted to breath. I would have claimed allergic rhinitis if I new I had it or the blockage of my septum. It was noted in my C&P so I am hoping that I can claim it. I could only claim what was in my records since I am not a doctor. If you have any words of advice I would truly appreciate it.

Also, I have ben given allegra, flonase and pseudephedrine for now I am on claritan, nasonex and another pill. I know this is going to be an onging issue so it would be nice to get compensated because I never had allegies until after being stationed in Korea.

[Nod Or Not]

Hey everyone,

Sorry for the long absence but I was doing some research and NOD question. I was denied my Claim for Sinusitus. I wanted to NOD but as I was rereading my physical examination write up and diagnosis I am more confused to NOD or do a new claim. the doc diagnosed my with Allergic Rhinitis caused my military service. I am posting the write up and diagnosis. Can I claim Allergic Rhinitis based on examination or do I have to start a new claim. Do you think there is a possiblity to get a 10 to 30 percent rating?

Examination: Nasal septum is slightly to the right of midline which with right inferior turbinate hypertrophy causes approximately 90% nasal obstruction. The left turbinate is also hypertrophied resulting in approximately 70 left nasal obstruction. There is no purulent discharge. There is no mucous crusting of the nose. The veteran clears his throat approximately 15 minutes. There is no tissue loss, scarring or deformity of the nose. There is no pain to percussion over the frontal or maxillary sinuses. There is no evidence of disease or injury to the soft palate. There is no nasal regurgitation or speech impairment. Palpation of the larynx reveals no pain. Thyroid is normal, trachea midline. Examination of the oropharynx is normal. Tongue and buccal mucosa are normal.

Diagnostic and Clinical Tests: Sinus x-rays today reveal no abnormality

Diagnosis: 1. Cartilagenous anterior nasal septum deviated to the right. 2. Allegic rhinitis caused by military service.

[Nod Or Not]

You should file an informal (Letter) NOD as soon as possible, due to the March deadline. The fact that the service records show something, and a VA doctor thinks it's something else confuses matters, but should not be the basis for a denial.

An independent Medical Opinion may be your best way to go. FILE THE NOD!

Chuch75, I will press. If they deny the NOD then do I have another option? I don't want to lose the option to recieve back pay because someone disagrees with a diagnosis. I have nothing but time to see these to issues through. If I have to go to civilian doctor to get a determination I will. I currently go on base but they don't take care of us like they use to 20 years ago. Thats a whole other topic.

[Nod Or Not]

KD,

How about posting exactly what the Rating Decision states in the Reasons and Bases Sections

in regards to these two issues and why they were denied. Don't put personel info like name, address, claim #, etc...

Carlie,

I will post as soon as I get a chance. I am currently at work so I don't have documents at my finger tips.

[Nod Or Not]

My personal advice is to one hire a veteran service organization if you cannot do it yourself. Two file the notice of disagreement before the one year period is up. Next gather all service records to include personnel medical and inpatient if applicable, With these records you service officer should be able to effect a good appeal.

Caubulldog, I have all that info handy, just need to find a local veteran org to talk with.

[Nod Or Not]

KD,

About all I can post is that if you do not file a timely NOD by your March deadline, then the only way

you can re-open the issues later are with New & Material evidence.

Carlie,

I think I will press with the NOD but I was hoping someone would tell me that that had a similar issue with misdiagnosis and it worked out. Should I write the NOD or have someone from the Legion or DAV help me. I don't know how detailed it should be or what are the proper words to use.

[Nod Or Not]

Hello all,

I just have a couple of questions in regards to completing a NOD or not.

I put in a claim for a skin rash that started occuring while I was on active duty. Went to the doctor several times. Was diagnosed with "don't remember official name". When I did my VA physical the doc looked over my records and my claim for skin rash and stated it was something else. I was denied due to my records showed one thing and the VA doc stated something else. All in all I still get this reoccuring rash that started while on duty. Do I NOD or do I start the claim process over.

Second item. I claimed sinusitus. One piece of paperwork states sinusitus. It is my fault for not going to the doc more often but I always used some kind of over the counter medicine or toughed it out. My VA doc did not state that I sinusitus but noted that I have a 70 percent blockage in one nostril and 90 percent in the other and something is off center. He also noted that I sniff quit often. VA denied my sinusitus. Not sure how I should handle this sinus issue. I truly believed that I should of got 10 percent if not more.

I am really upset because they denied those to items and there was documentation that there is an issue.

Any insight you guys could provide would be great. Should I try to right the NOD or go to the the Legion or DAV. I hit my one year mark for doing a NOD in March.

Out of all my issues that I claimed for compensation these are the only two that I disagree that was denied the others were a stretch.

Please help

[Introduction]

Hello all,

Just wanted to stop by and introduce myself. I have been peeking around the board a litte and just astonished at how much love vets have for one another going through the VA process.

I am a retired Air Force MSgt. I served 22 years. I was rated at 80% as of March of 2010. It's funny how after you retire or past the age of 40 how all the small injuries you recieved between the age of 18-30 start to materialize.

I look forward to interacting with you all. I am so glad this website is available to us.

Ken