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TiredCoastie

Senior Chief Petty Officer
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Everything posted by TiredCoastie

  1. That's a good question. You have a couple of options in my book and others may have more advice. 1. File a NOD after you receive your decision if you are not rated for this condition. Your C&P exam results discussed your MRI findings. Therefore, the RO has evidence from its own investigation that you have the condition. If they don't rate you for this, which they found in trying to investigate your migraines, you could file a NOD and point out that they should have rated you for this. In fact, that's one of the things I've appealed for in relation to my TIAs. In the midst of the
  2. Yeah, I did a 2-week holter looking for dangerous arrythmias to ensure I wasn't throwing clots causing which were causing my TIAs. But that's a different problem from migraine. The problem is that migraine is pretty challenging to unravel, and while research has uncovered some, there seems to be a lot they don't know about it. Maybe someday they'll be able to hook us up to a box and figure out the whys and best approaches. We had a neurologist tell my wife and me once that there are three areas in which even leading experts know suprisingly little: deep space, the deep sea, and the hum
  3. JMO, but in your case, they should have also rated you with "8009 Brain, vessels, hemorrhage" with 100% for 6 months then a rating decision based on C&P results...beside the 50% for prostrating and economically impacting migraines. Check out 38 CFR 4.124(a).
  4. In my case, my SMRs helped because I was hospitalized with a neuroligical event that was eventually determined to be a migraine back while I was on active duty. They progressed pretty rapidly after the stress of service came off after I discharged, and got very strange and very much worse as the months rolled on. Sounds like you had one of those prostrating migraines yourself as a kid. Glad you haven't suffered one since. Even when I'm not knocked flat, they keep me from thinking clearly. There are scans, apparently, that can be done that show some sort of migraine activity but having
  5. Your claim status can bounce back and forth before it finalizes, so there is certainly "going back" at this point. The rater may have decided that he/she has enough at this point to make a good decision and forwarded one up the chain. Maybe they are planning to grant you a decision on what they can decide now and get you a decision about your other contentions later? I've never seen any change in the benefits verification letter, etc, this early. Once the claim closes, then those update at least in my experience. However, like Gastone always says, put a watch on your bank account fo
  6. I keep a headache log like K9MAL and tally up the prostrating attacks monthly. My nuerologist also verified that they were prostrating based on what I reported to her. Man, I wish there was something like a holter monitor for neurologic events! I'd need one all the time!
  7. Looking at your C&P, you actually look like you have a good shot at success if the rater takes the time to read through the notes the C&P doc wrote and looks at the whole document. One section of your DBQ caught my eye: b. Does the Veteran have very prostrating and prolonged attacks of migraines/non-migraine pain productive of severe economic inadaptability? [X] Yes [ ] No That's the key question per 38 CFR 4.124(a) for the 50% rating and what I had to prove to meet the 50% level. You ought to win this one during the reveiw of your C-file and claims before generating a dec
  8. Congratulations! I was also recently increased to 50% for migraines, so let me echo that it is possible!
  9. With the VA, timelines are very hard to guess. Your NSO probably has better visibility on where the decision rests, but she can only really make an educated guess about when things move through your RO.
  10. I ran your numbers through the Hadit calculator and got 75.7 as well. That should round up to 80%. As soon as your claim closes in eBenefits, you should be able to see your new combined rating under "documents" through the disability verification letter or old AB8. You may have gotten an off-the-cuff rough guestimate from your VSO. While it's too early to really know for sure, if 70% fits your PTSD, then you can probably declare victory. However, take a good look at 38 CFR part 4 and make sure that you were rated appropriately. If not, be prepared to drop another NOD. I still don't li
  11. That's not the best kind of response from your NSO, Jeff. You should do what makes the answer right, not expedient to the VSO, RO, etc. So from my perspective, it depends on what they're offering. If it's the right answer based on 38 CFR part 4, then OK. If they're lowballing you or SC'ing only some of what you've submitted and trying to get you to walk away happy, then that's a problem and another NOD. It sounds like you have a pretty good list of conditions, and you need to get those on a claim form and in with your medical evidence, nexuses, DBQs, etc, ASAP no matter how this appeal tu
  12. So what if they don't certify the appeal, Chris? That's what happened to this vet, Jeff...and he sat for five years waiting...and has more recently happened with several of us who have had our appeals pulled back from going to Washington DC with a supposed BVA decision. Now in my case, I did submit a second NOD but on a different claim decision which echoed the claim decision I'd already appealed...long, complicated story as to why. The second NOD disappeared. I was told by phone from a rep from the RO that they were effectively ignoring the second NOD because I cannot appeal the same c
  13. Sounds like you're ahead of the game! I think your plan is the right answer. Hopefully your VSO will play along and do the work. If not, it's time to either go it alone or find a good attorney.
  14. Not quite, Fat. You may need to submit a waiver to keep your file and appeal from being sent back to the RO for a relook if your submit something new. Somehow I have this vague memory of getting a document with something from the RO that actually said the opposite as some sort of time saving change. It said that you would have to specifically ask the BVA to send everything back to the RO if you submitted new evidence and if you didn't specifically ask, they wouldn't send it back. Either way, that would be for a readjudication at the RO level but would not be a formal "remand." Not being ab
  15. IRIS responses are taking up to 4 to 5 weeks for me. Six weeks is kind of the outer margin of recent experience with IRIS. But these kinds of delays are not unusual. The central IRIS office is overwhelmed. If your NOD has been languishing for that long, if it were me, I'd write a letter to the RO (via whichever central processing station thing) with a copy of your NOD and your proof of postmark (like your hand stamped certified mailing receipt), a copy of your green return receipt card with someone's signature and hopefully a date/time receipt stamp, and ask formally for the status. I'
  16. Thanks, Chuck. Maybe that's what's going on at least in this handful of cases and maybe Jeff's too. Hopefully that means that many of us will see some better outcomes sooner.
  17. That's just crazy. A few of us are wondering what's going on with our appeals that were not transferred to the BVA but suddenly decided at the RO level after we sent in our Form 9s. But your appeal has been sitting at the RO waiting for transfer for five years, not a few months. Seems like there is a push to move some of these appeals quickly, so hopefully you'll get an answer sooner than later. The sad thing is that once you win this thing, and you get your retro, the VA will declare you one more happy customer well served, because justice delayed certainly cannot be justice denied if
  18. I have to agree with Fat. Five years is about five years too long to transfer your appeal to the BVA. Gastone suggested getting after the VSO/NSO. That can work if you have a POA with a VSO. I had to track down someone at the VSO's headquarters once to get NSO out of idle. Like Berta said, these people can really hold things up. Actually, because of VSOs general history in making things worse than better, I don't have one anymore. If they were all like my very first one, none of us would go without one. Not so, unfortunately. At this point, you might also try your senior US senat
  19. I personally don't believe anything eBenefits says when it comes to the projected dates work will be accomplished. In my experience as well as most others here, those dates are completely spurious and based on a system guess when specific gates are hit within their automated system. If you're watching a "claim" within eBenefits, you're likely retired military and had to wait for DFAS to complete the pay audit before the VA will then redo its own pay math then pay you when that calculation is complete and approved. The problem is that the same people who rate and approve claims are the sa
  20. You're welcome. Hope and pray it works out for you. Do the best you can. The only sure defeat is the battle you choose not to fight.
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