mountain tyme

humm if that is the way the VA does it's math I am sure "NONE OF THEM ARE SMARTER THEN A 5TH GRADER" MT

Good Morning Di Pi: you wrote: "IAM AT 80%. MY DOCTOR WROTE ME A LETTER SAYING THAT IAM 100% DISABLED AND UNEMPLOYABLE." Since you are already at 80% It would seem most likely that the VA will award UI and if the VA has any if your doctor wrote in his letter of support that in his medical opinion that he does not see any furture improvement do to the advancement of your condition then the VA should also award you UI/PT this way your dependents would be eligibal for other benifits not awarded to those who are just awarded UI or 100% schedular. Hopefully your doctor covered all the criteria as to how your condition has diminished your social, daily, family, and employment to the point it has effected the quality of your life. I am sure I will see you in the success page with a big smile God Speed MT

as you can see it does not stop me from posting or asking question...*big smile*...but I do get paranoid do to my condition...but I agree with donews in his statement: "I personally do not worry about something like this. The main reason is I just post the facts." and that is true...of 99% of all the people who post in this site...the only thing I will be more causious of because I am lax about this is to re-read my post to make sure I don't put in personal information like ss# stuff like that..not only because of this topic but because of sercurity reasons as well...with idenity theft one can never be to careful! T-bird I don't know what veteran site he was talking about...there are many out there...and it is true of all the sites I have viewed over the past 2 years this site by far is truly suited for factual information that will site reg's and so forth...and yes like some of you said perhaps this site would be a good tool for the VARO to use to refresh there memories on what the regs are! MT

Hello rentalguy1...thank you I understand now...as long as the s/c say's gerd if any thing arrise due to the Gerds it should be covered... now as far as the % is concern...the only barrier to the higher % was the DX for Dysphagia...which boggles my mind...the doctor has been told and knowns that after he regeritates that not only the remants are brought up but also the acid that burns his thoart making it very difficult to swollow even water anything that is not of a honey consistance he can to get down for a few hours after his reflux episode...would a statement from him and I be enough besides that mention of Dysphagia in 2004 be effiecent to bring the rating up? this is what the C/P said.. the C/P listed the Problem: GERD And Hiatal Hernia Medical History: Hx of Nausea: weekly Freq. Of Vomiting: Weekly hx. of Dysphagia: NO Hx. of Esophageal Distress: Yes Freq: weekly Accompanied by pain: Yes Location of Pain: substernal Frequency of Pain: weekly Serverity of pain: moderate History of heartburn or pyrosis: yes Freq of Hartburn or pyrosis: weekly History of Regugitation:yes Freq: weekly Hist. of Hematemesis or Melena: No Lost time from work during the last 12 months period: 12 days Gerd Moderate Effect on Usual Occupation: Significant Effect other: Acid reflux affects the use of required respirator at work. Effect of Daily Activity: Chores: mild shopping: mild recreation:moderate traveling: moderate feeding: mild other: acid reflux affects the use of cpap mask due to vomiting other: acid reflux affects the use of cpap nose piece due to vomiting other: acid reflux affects sleep pattern due to substernal pain the VA rating schedual states under 7346 Hernia hiatal: Persistently recurrent epigastric distress with dysphagia, 30 pyrosis, and regurgitation, accompanied by substernal or arm or shoulder pain, productive of considerable impairment of health....................................................... in the c/p he meets or exceeds all the criteria with the exception that she marked no for dysphagia and I don't know why since he told her that during episodes of refulx he can't swollow because of the sticking feeling he gets he actally will choke up the food hence more pain. as far as the considerable impairment goes...she stated it had Significant Effect in his employment due to the fact he can not wear his reparator due to the reflux at work...which has become a problem at the present. Also we told the c/p doctor that not only can he not wear his repirator at work he also can not use his CPAP machine as he should due to the reflux which he needs to wear do to his health... so in this case should we do a NOD or a reconsideration... thanks for any insight on what you read into this...I think I am too frustrated over this to see a clear picture of what is needed it is too close to home for me to be objective. Thanks You again MT

This question was raised to me and I never thought about it. Ok I am helping a vet with his claim and since he is not computer savey I told him that I go to hadit and post questions to gain information to help not only my own claim but others as well to get though the VA maze... he told me that when he was up at the VARO office a few months ago he overheard a conversation between staff members in regards to a site that they went to for veterans and that one of the staff memebers said we have been tracking one topic...he can't remember everything that was said because he was sitting outside the office waiting but the gist of the conversation was that the staff member eluded that the topic he was following was in regards to a claim that came though his office. so that got me to thinking it would not be that hard for a VARO staff member to do that...we put in a question ( I am very guilty of this) and go into good detail including posting the decision and date....so it would not be hard for a VARO staff person to link me to that question perhaps this is my paranoide trait coming out but how much of a concern should this be? MT

Yelloownumber5... and anyone who has tricare here is the website: http://www.tricare.mil/mybenefit/index.jsp for information on the cpap machine go to this section http://www.tricare.mil/mybenefit/jsp/Medic...p;x=15&y=10 for any other coverage item here is the section to go to just choose what you are looking for and it will bring you to that topic or coverage http://www.tricare.mil/mybenefit/home/Medi...isItCovered.jsp hope this helps MT

well just an update...regarding the Gerds...We finally went in and talked to his primary care doctor and brought the schedaul of rating in regards to both the 7203 and the 7436 (hernia) criteria...he felt that the rating should have been under the 7203 due to the cronic nature of the GERDS where as the sliding hitatal hernia did not cause the GERDS and there two seperate issure's with that said ...since he has both they will rate them together... Now...they did grant him 10% s/c since he was diagnoised with GERDS during his military career...the hernia was found about one month prior to the C/P but the exam was not done by the VA but his private medical insurance due to the GERDS problem becomeing worse. So here is the problem that I am in a fog over... Rentalguy1 wrote: (in a differnt thread) "They wouldn't be able to rate both due to pyramiding. They'll have to rate one or the other. It is better to have the GERD rated than the hiatal hernia, because GERD can lead to esophogeal cancer, which of course can kill you. If he died due to a SC condition, then you are entitled to DIC. " Since they rated my husband under 7436 should we do a NOD as to where they rated it or is that a lost cause...I would not know how to word a NOD for that...also he asked his primary care doctor if he could write a IMO as to why it should have been rated under the 7203 he said that it was the VA's call as to what area to rate it under even though the GERDS is a more serious problem. I feel the only reason he will not write up a letter is due to the fact that he is Military and he may find it a conflict of interest so to speak...go figure. Also I asked the doctor why he did not put in my husband medical records that during his reflux he can not swollow anything for a few hours due to the burning pain he has...yet he had everything else in there ...and I feel the only thing that prevented he higher rating was due to there was no "hx. of Dysphagia" that was recent only was mentioned once back in 2004 by another doctor prior to him. So he said he will put it in his records that during episodes of reflux he has difficulty swolling due to the burning sensation. what a mess... I was present durning his c/p and the doctor asked him that if he had Dysphagia and he told her yes...and out of all the questions that was the only one she put no! AT this point should I put in a NOD or a reconsideration...the one year mark will be Oct 2008... and if I put in for a reconsideration will that one DX of dysphagia back in 2002 be suffiecent for a higher rating along with the note the doctor said he will put in my husband record...(not going to hold my breath) Thanks for all your help MT

kryptos...it is true due to privacy laws they can not tell you what the letter said...but if you want to find out if you prevailed...call the 800 number and ask for what your compensation percentage is. They can tell you what % you are being paid at right now...and if you were approved then your % will reflex the increase. that is just a way to get around it. MT

Hello.. can anyone tell me how long it takes for the VA to come to a determination on a deferred issue. One of the vets I am helping received a decision regarding 3 issure's 2 of them he received there decision the thrid one is for Hypertension and that issue was deferred. It has been almost 10 months now. He has another issue that is S/C and needs to put in for an increase due to the condition has become worse. So as I was going through his Service medical records I found medical records that he was diagnoised with HTN and needed to go in for a 5 day B/P check which he never did due to the fact it was a TDY physical and he left that next day for 2 months he forgot all about it...so looking through his Service medical records there is a pattern of high blood pressure and again I found a medical record needing a 3 day B/P check he said he doesn't recall whether it was done or not that was back in the early 80's...should he copy those records and send them into the VA...I told him since the VA already had them I would wait for the decision and if it does not come out favorable then he can do a reconsieration or a NOD... the Reason he put in for Hypertension is because he has been on medicine since he retired from the military and he had a Stress Test Done a year ago that stated he had Mild Pulomary hypertension... not sure what he would rate out with either...any help would be great. Thank you in advance MT

hello pdandrea, Everyone gave very good advice. Like any examine just be honest and most of all keep it simple! Cowgirl wrote: I saw the descriptive words from this one time visit and thought I was a mess, he was a mess, that the exam was crazy, good word? Asking me about my family so much, less about my military time and job performance along side of the harrassement I endured. As a result I ended up with a probable 'personality disorder' because I think I responded with too much information about my childhood because I wanted to present my family in a positive way. It could have also been a direction that I was being guided to by questions. My guess only." What cg wrote is word to the wise...Most C/P doctors are good but there job is to root out possible claims that they can get around...remember C/P doctors are just like workman compensation doctors they are paid by the empolyer! they are not there for your benifit...sorry to say but true. When it comes to there questions they will ask (I didn't realize this until after the fact) more about what your life was BEFORE YOU WENT INTO SERVICE...to see if your condition can be wrote up as preexisting..or that you have a Personality Disorder which will be a nightmare in itself due to the VA will not compensate for PD disorders...and it is VERY hard to rid your self on that lable once it is tagged on you. So when they ask you about your life before service and ask about you childhood...keep it simple...it was normal (define normal and that is a honest answer even tho what may be normal for you may not be for others!). Remember you are there due to a condition that emerged during your time inservice and that is what the C/P is about. MT

Hello RSG: you wrote- "Can I find out what I need to do to write a valid rebuttal on a invalid C&P exam" In my opionion the best way to go about rebutting a VA C/P is to use medical evidence that contridict's what the C/P examiner wrote. For an example lets say the C/P examiner states that the Vet does not have voimiting or blurred vision with migraines. If you have medical reports that contain that the VET does have these conditions then it will rebutt what the C/P examiner indicated. The VA will accept medical evidence more so then a written statement from someone who is not a doctor (hope that makes sence)esp. for subjective conditions. Now lets say your C/P is for a Mental Health condition...the C/P doctor states that there was no trauma that would bring on stress well besides medical treatment records the VA will except other forms of documentation to support Mental Health claims ...Layman statements and buddy statements will come into play. It really depends what you are trying to rebutt will indicate what course of action you will need to take to give credance to your claim in a rebuttal. this is just my thoughts MT

Joanne...Did you write letters home...does anyone still have any letter with the postmark...do you have any letters that were written to you...I would say that would debunk any doubt whatsoever that YOU WERE IN NAM...how else would you be able to send letters home or receive letter too... I am totally outraged that not only are they denying your claim but to deny you were even in NAM that is criminal!!!! It is as if you never existed as far as your time in service goes...you fight for what is rightfully yours I know not every one feels this way...but when I finally won my claim I felt vindicated of a crime agaist me....and that was more important then any amount of compensation...money can not replace what was taken from me...my sense of safety...I lost who I was for so long so you go for it...you will win keep faith...the truth will overcome everything!!! God Speed MT

What is MST: What is Military Sexual Trauma? Military sexual trauma refers to both sexual harassment and sexual assault that occurs in military settings. Both men and women can experience military sexual trauma and the perpetrator can be of the same or of the opposite gender. A general definition of sexual harassment is unwelcome verbal or physical conduct of a sexual nature that occurs in the workplace or an academic or training setting. Sexual harassment includes gender harassment (e.g., put you down because of your gender), unwanted sexual attention (e.g., made offensive remarks about your sexual activities or your body) and sexual coercion (e.g., implied special treatment if you were sexually cooperative). Sexual assault is any sort of sexual activity between at least two people in which one of the people is involved against his or her will. Physical force may or may not be used. The sexual activity involved can include many different experiences including unwanted touching, grabbing, oral sex, anal sex, sexual penetration with an object, and/or sexual intercourse. to read more please go to this site: http://www.ncptsd.va.gov/ncmain/ncdocs/man..._guide_ch_9.pdf

Joann, You can request a copy of your c-file all you need to do request them...me personally I would not use the DVA...there are other organizations out there that you may feel more comfortable with esp. since it appears that the DVA org. that you are working with are keeping you in the dark! I don't know what state you are living in but if you call the Veteran Commission for your state they normally have a women avocate that will help you. You can call the VA 800 number which is 1-800-827-1000 and ask what the number to your states Veteran Commission is...you need someone that you can talk to who will help you though the ropes...this is an outrage that you have to go through all of this ....and it is causing you undo stress! MT

Dear JoAnn, I have been reading the thread...what I think may be the hold up for Service Connected is that you don't have hard evidence that a trauma took place...now I am not doubting you that it happened...I believe it happened...but the VA wants to see something to support your claim. There are many people who have walked your road before...so here is some evidence that the VA accepted. During your time in Nam did you write home to anyone regarding what happened...or even hint that something was amiss...the VA will take that as evidence. Did you keep a diary of what happened to you...the va will take that as evidence. Did you start seeking medical attention more often for lets say female problems, headaches, touble sleeping, anixity, irrabiltiy. Do your service records show that your behavior was starting to cause problems and a unfavorable information file was started (UIF). This is a long shot but if you contact the section to retrive you military records the same place you would have received your service medical records (you did get a copy of those did you not) you can write to the same place and ask under the freedom of information act for all service personnal records. You have to ask for them specifally they will not just send them. Also request if they have any unit records that you are tagged to, also request if there is a UIF file that you want that as well. Let me think...have you contacted any members of your unit that you served with, it is not uncommon that they experiance the same thing as well and if they are receiveing VA compensation for MST it makes it even a better case for you. Did you keep a scrap book it may have information that you forgotten. it is not uncommon for someone who was traumatized to have a clear memeory of elements that surronded the attack not so much the attack itself. If you could get a few more letters from family memebers who remember what happened that would be new and material evedence. within one year after getting out of the service did you talk to anyone regarding the MST a clergy man or perhaps your family doctor...if so get statements from them...you have to dig deep and get as much evidence as you can... there are sights you can go to that will have women who served in Nam and hopefully you will be able to get connected...remember just because you did not tell someone that it happened does not mean that someone wasn't aware of it and was to afraid at the time to step forward to help you, but now they might. Do you remember any of the guys you served with...they may have knowledge of the trauma you endured and will speak out in your defence.. You are in my prayers... MT

Dear iraqx2...please read below this code made pretain to you... MT [Code of Federal Regulations] [Title 38, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 38CFR4.129] [Page 440] TITLE 38--PENSIONS, BONUSES, AND VETERANS' RELIEF CHAPTER I--DEPARTMENT OF VETERANS AFFAIRS PART 4--SCHEDULE FOR RATING DISABILITIES--Table of Contents Subpart B--Disability Ratings Sec. 4.129 Mental disorders due to traumatic stress. When a mental disorder that develops in service as a result of a highly stressful event is severe enough to bring about the veteran's release from active military service, the rating agency shall assign an evaluation of not less than 50 percent and schedule an examination within the six month period following the veteran's discharge to determine whether a change in evaluation is warranted. (Authority: 38 U.S.C. 1155) [61 FR 52700, Oct. 8, 1996]

Good Morning Berta..Thank you for the insight...you wrote: "you could ask the vet rep to support a Reconsideration request" I wish it was that easy...the problem is that it has started to effect his health that is why he put in for s/c for gerds and were successful to a point I belive he did get low balled...and as far as the vet rep...he is the same one I went to and as he told him that he does not have time to help develop claims he can only submit paperwork and put in gernaic NOD which do not help the vet...because they do not know the first thing about the process..and I know enough to be dangerous...*laughing...which translates into the blind leading the blind accept I can draw from my mistakes and of course come to the family here at hadit to get some guildance... So my plan of action will be...1st have him go to his schedule appoint at the base family practice clinic which is his primary care provider...even though he is now s/c for Gerds and can go to the VA clinic he wants to stay with the doctor he has been seening all along..which makes sence... I will have him bring a copy of the schedual of ratings for Digestive system and have his doctor look at it to determine if he meets the higher rating...he has told his doctor he has a hard time getting water down after he refluxs but it is not stated in his records...and if the doctor can write that down at his appointment and use the proper medical terminolgy then he could have a more then average chance of having the VA give him a 30% eval... thank you again will update when new information is forthcoming... MT

I think the question I should have asked was should we still do a NOD without a hx of dysphagia I don't think that he will receive a higher evaluation...he has a f/u for his gerds next week...I told him he needs to bring this c/p and a copy of the code of rating to see if his condition warrents a higher evaluation of 30%...he has everything except dysphagia written in his medical records...even though he experiance dysphagia which is intermittened it only occurs after refluxing up (regregatating) and it last for a few hours...my husband thinks if he writes a letter or statement to the VA explaining he has dysphagia that they may do a reconsideration...I don't think the VA will do a reconsideration based on his statement alone. thanks MT

Update: We finally received the C/p report... the C/P listed the Problem: GERD And Hiatal Hernia Medical History: Hx of Nausea: weekly Freq. Of Vomiting: Weekly hx. of Dysphagia: NO Hx. of Esophageal Distress: Yes Freq: weekly Accompanied by pain: Yes Location of Pain: substernal Frequency of Pain: weekly Serverity of pain: moderate History of heartburn or pyrosis: yes Freq of Hartburn or pyrosis: weekly History of Regugitation:yes Freq: weekly Hist. of Hematemesis or Melena: No Lost time from work during the last 12 months period: 12 days Gerd Moderate Effect on Usual Occupation: Significant Effect other: Acid reflux affects the use of required respirator at work. Effect of Daily Activity: Chores: mild shopping: mild recreation:moderate traveling: moderate feeding: mild other: acid reflux affects the use of cpap mask due to vomiting other: acid reflux affects the use of cpap nose piece due to vomiting other: acid reflux affects sleep pattern due to substernal pain After receiving the C/P the VA rated his Gerds under code 7346 which is mostly like due to the sliding Hiatal hernia...also when he had the Upper GI done it was discovered that besides the sliding hiatal hernia the GE juntion was patulous.. I do remember him telling the c/p doctor that he has trouble swollowing due to the burning and irritation to his esophagus...he can not swollow solids for a while after the reflux but he can swollow small amounts of milk but even that burns.. So I am at a loss...the only thing that I feel has blocked the higher rating of 30% was she marked NO in regards to the dysphagia... When he put in for s/c for Gerds he did not list the hiatal hernia he did not know he had one until the Upper GE was done a month prior to the c/p so anyone have any guildance to what direction would be best...thanks in advance MT

Informative Articles: Why Military Sexual Trauma May Cause Post Traumatic Stress Disorder Those who have endured sexual trauma in the military are more prone to developing post traumatic stress disorder than those who have experienced sexual trauma outside of the military. A lack of medical and emotional assistance or high stress levels may be a reason victims of MST are more prone to PTSD. Another reason why those who have experienced military sexual trauma often develop PTSD is because a fellow colleague or person respected by the victim is often the perpetrator. This sexual abuse would make further working difficult, especially if the victim must obey and continue to respect the perpetrator. If the victim is sexual assaulted or harassed in the place they call home or work, fear is much more likely to take place because a once “safe-haven” is now a place of anxiety and bad memories. This type of crime may also hinder the person from achieving further goals and accomplishments out of helplessness. It may also be more difficult for a person to leave this type of a situation in the military, which puts a person at further risk for victimization. Other members of the military service often consider reporting such a negative crime about another soldier wrong and either will not believe the victim or will ignore them. For military members who have chosen to report sexual assault and were not believed or were blamed for the experience, PTSD is more common. Post traumatic stress disorder treatment centers are available to anyone looking to find military sexual trauma recovery. These centers offer a wide variety of specialized programs as well as therapy sessions. Often times, these PTSD treatment facilities are helpful in reducing the severe complications which may be associated with MST. read the rest of the artical at: http://www.casapalmera.com/articles/sympto...-sexual-trauma/ CENTRAL WISCONSIN - For Kevie Kelly, it started with dreams. For Tina Gerber, it was sleepless nights. Bev Jackson actually considered ending her life. What these women have in common is a deep love for the military and a diagnosis that took them by surprise — post traumatic stress disorder. http://www.msnbc.msn.com/id/18494197/ Suzanne Swift's situation raised a seemingly unusual set of issues. She told Army investigators that the reason she did not report for deployment was that she had been sexually harassed repeatedly by three of her supervisors throughout her military service: beginning in Kuwait; through much of her time in Iraq; and following her return to Fort Lewis. She claimed too to be suffering from post-traumatic stress disorder, or PTSD, a highly debilitating condition brought on by an abnormal amount of stress. According to the most recent edition of The Diagnostic and Statistical Manual of Mental Disorders, used by mental-health professionals to establish diagnostic criteria, PTSD symptoms can include, among other things, depression, insomnia or ''feeling constantly threatened.'' It is common for those afflicted to ''re-experience'' traumatic moments through intrusive, graphic memories and nightmares. http://www.nytimes.com/2007/03/18/magazine...amp;oref=slogin

Dear Ruby...what you are feeling is very normal...one minute you want to hide everything and be in a safe place...then all you want to do is rage...at the injustice that was done...I've been there...I kept running away from the shadows..surpressing what I could...in the process...I detached myself from my family...I have nieces I have never met and they are now 20 years old...I have bothers that I have not talked to in over 23 years...not because I do not love them but because it was far easier for me to break ties...everyone deals with Sexual trauma in a differnt way...and right now you need to heal to take back your life...I say to myself every morning...I have PTSD ...PTSD does not have me...so Ruby you can take back what was taken from you peace of mind one day at a time. God Speed MT

Welcome qmcorps, Since he is already 30% for PTSD the va will not rate Depression as a seperate claim for compensation but will add it as in 30% PTSD with depression...now he may be able to have his PTSD increased due to the depression..esp. if his employment, social, or daily functioning is effected...the vet would have to have his doctor document why his condition has increased and merited a higher evaluation percentage...what many vets do is print off the rating for the PTSD and bring it to there doctor so they can determine if there condition has warrented that level of compenstion and they can write a letter meeting the VA criteria... I don't know if I answered your question but I am sure others will chime in. MT

Of all things...I asked my son to look over this thread...he is active duty AF stationed in CO. he told me that after he and a few of his co-workers read the theads they told him to write me the following... in the decision "In Feb. 07 the said veteran put in for an increase for muscle tension headaches. In Oct 07 the veteran received his decision the decision stated... *We determined that the following service connected conditions haven't changed: Muscle tension headaches 0% reason: 2. Evaluation of muscle tension headaches currently evaluated as 0 pecent disabling. VA exam shows you reported that you have two to three headaches per week that are not prostrating. Your motor and sensory exams were normal. The evaluation of the muscle tension headaches is continued as 0 percent disabling because the evidence fails to show this condition has worsened to a compesable level. A noncompensable evaluation is assigned unless there are charateristic prostrating attacks averging one in two months over the last several months." it does not mention MIGRAINES and that is what the claim was put in for an increase for Migraine headaches...also in the part that states "VA EXAM SHOWS YOU REPORTED THAT YOU HAVE TWO OR THREE HEADACHES PER WEEK THAT ARE NOT PROSTRATING"... So I asked him if he told the examiner that and he said I told him that when I have a full blown migraine that I have to stop everything and go to bed because of the intense pain it comes on sudden sometimes but at other times I get these headaches prior to the major unset...the "HEADACHES ARE NOT PROSTRATING...BUT the migraines are" I think that is why he did not get an increase...the vet is saying Migraines and the VA is saying headaches...I think he will have to go up and get a copy of the c/p and see what happened... any insight on what my son and his co-worker observed...where should we go from here if indeed they based the c/p on the headaches and not the actual migraines as what he requested in the original claim? thanks again MT

Now here is the update (below is the information form the first thread...) Update....He went ahead and had his records copied from the base primary care clinic from 2007 until present...so we can submit them along with the migraine log he has been keeping since 2007...now here is the question...this log is pages and pages long (45 pages) it includes not only the Server Migraines which are prostrating in intensity but dull aching headaches that he experiance on a weekly basis... Should I just go ahead and modify and only submit the dates and information regarding the actual migraines which average 2-3 per month the ones that he had to stay in bed due to the server pain? Also would it help if he wrote and his wife wrote a statement on how these migraines have effected there family life...since some of the migraines did occur on special occasions and prevented him from particapting in the activities...also his wife told me that due to the Serverity of the Migraines (which are documented in his medical records) she needs to take the kids out or leave them at other family members homes due to the noise intensifies his pain as well as light. Not sure what to tell them on that one...never did a claim for migraines before...by the chart he will most likley will reach the 30% criteria because he is still working...his employer is very understanding and he can lay down at work until his wife is able to get there to bring him home. anyways any insight will be appriciated. God Speed MT 8100 Migraine: With very frequent completely prostrating and prolonged 50 attacks productive of severe economic inadaptability......... With characteristic prostrating attacks occurring on an 30 average once a month over last several months................ With characteristic prostrating attacks averaging one in 2 10 months over last several months.............................. With less frequent attacks.................................... 0 8103 Tic, convulsive: Severe........................................................ 30 Moderate...................................................... 10 Mild.......................................................... 0 Note: Depending upon frequency, severity, muscle groups involved.

Hello... I believe that we are ready to put in a reconsideration regarding this vets decision on his migraine headaches just to refresh the claim I am helping with... Hello I have some pointed questions and need help. I am in the middle of helping a retired veteran with his va claim. At the time of discharge he was granted...0 percent I may be reading his record wrong so please read the following out of his VA records (yellow paper) done at time of retirement. Decision: 4. Service connection is afforded for muscle tension headaches and a less than 10 percent evaluation is in order. reason: 4. Service medical records show initial complaint of headaches as early as xx/xx/83 at which time migraine was diagnosed. Subsequent service medical records show diagnosis of tension headaches or muscle tension headaches and this was the diagnosis at the time of the VA exam. A diagnosis of migraine headaches was not given, however. The veteran stated that these have been present for 15 years and are located in the posterior occipital area. Tey occur approximately every 10-12 days and last about 4-8 hours. However, they are not accompanied by nausea or vomiting and there is no vison change. Service connection is afforded as the headaches were chronic in service. However, as migraines were not involved a 10 percent or higher evaluation is not in order. (Which could be assigned with characteristic prostrating attacks averaging one in two months over the last several months). FAST FOWARD____________ In Feb. 07 the said veteran put in for an increase for muscle tension headaches. In Oct 07 the veteran received his decision the decision stated... *We determined that the following service connected conditions haven't changed: Muscle tension headaches 0% reason: 2. Evaluation of muscle tension headaches currently evaluated as 0 pecent disabling. VA exam shows you reported that you have two to three headaches per week that are not prostrating. Your motor and sensory exams were normal. The evaluation of the muscle tension headaches is continued as 0 percent disabling because the evidence fails to show this condition has worsened to a compesable level. A noncompensable evaluation is assigned unless there are charateristic prostrating attacks averging one in two months over the last several months. With that said... I went through his decision and discovered that his medical records from the family practice clinic at the base (he has tricare)were not included in the evidence. I asked the veteran if he submitted the doctor's notes and he said that he was told by the service rep (state of M0.) that the VA would get those records. What the VA did was they retrived the records from his VA health care team which they did. but not from the air force base's primary care department. This veteran has been seen on a regular basis for headaches thoughout his retirement...and the headaches turned into migraines... As noted in Feb 07...his medical records state Cheif Complaint: Pt is here for migraines pt had migraine yesterday, stillhas headache today pt. states he has had two migrines in the last two weeks. Migraine headaches, treated with imittrex. Has frequent "non migraine" headaches, states he can feel the difference with photophobia, N/V imitrex not aborting HA's :Gastrointestinal symptoms: Nausea with migraine and vomiting with migraine :Head symptoms: Headache preceded by aura Conclusion: 1.) Migraine Headache: naprosyn 500mg bid for 2 weeks then PRN. Imitrex not aborting migraines so will swith to Maxalt 20mg. F/U in two weeks _____________________________________________________ in two weeks he went in for his F/U and he was still having increased migraines that he had to stop whatever he was doing and lay down...his wife called the family practice at the base and talked to the doctor and he would tell her if his pain does not subside within 4 hours or gets worse to bring him into the ER... at his two week appointment they added another medication to help prevent the migrains which is called. so he is not taking Rizatriptan (Maxalt)10 mg twice a day Propranolol (inderal) 40 mg. three times a day The veteran told me that the medication has helped but he still has migraines at least 3 times a month but not as frequently as he did...as long as he stays on his medication as prescribed. So this brings us back to the claim for increase... since the VA is stating muscle tension headaches and do not use the word migraine...should the veteran put in a NEW CLAIM FOR MIGRAINS or should he just put in for a reconsideration and send in the medical records from the family practice clinic from the base. I feel based on the Diagnosic code 8100 that this veteran should rate out at the 30% level... I don't want to tell them the wrong thing...but after reading the decision that you have before you...I think the VA only addressed the headaches and not the migraines... We will be very grateful for any help you can give us in how to proceed with this claim...i have another tread regarding this but I had two issure in that thread so I want to concentrate on this one first. Thank you all in advance MT