Ask Your VA Claims Questions | Read Current Posts
Read VA Disability Claims Articles
Search | View All Forums | Donate | Blogs | New Users | Rules
Army Chic
-
Posts
9 -
Joined
-
Last visited
Content Type
Profiles
Forums
Events
VA Disability and Benefits Information
VA Benefits News
Store
Posts posted by Army Chic
-
-
30% rating for migraines is once a month of prostrating migraines. I don't care about the p&t status right now. I just want to get my migraines under control, so I can function and work in the future.
The doctor was able to correct the error, so I'm good to go. Thanks
-
Hello everyone! At the current time, I am waiting on a decision for my IU claim. The disabilities that I put down were migraines and depression. Well I went to my last c&p exam (migraines) on last Thursday, and I just received the results today. Well its clear the doctor checked the wrong box, so how can I bring it to their attention before they start rating? Not only will it more than likely mess up my claim for IU, but it will also decrease me. Here is the information from c&p and you can see the conflicting information: (Thanks in advance)
1. Diagnosis
------------
Does the Veteran now have or has he/she ever been diagnosed with a headache
condition?
[X] Yes [ ] No
[X] Migraine including migraine variants
ICD code: 346.9 Date of diagnosis: see prior C&P
2. Medical History
------------------
a. Describe the history (including onset and course) of the Veteran's
headache conditions (brief summary):
Veteran is filing for an increased evaluation and service connection for the following: migraines Veteran under care of Neurology. Veteran gets very prolonged migraines. Just finished with a 3 day migraine. Migraines can last 5-6 days at a time. Veteran gets scotomata aura, then headache onset after aura, last at a minimum 5-6 hours but normally much longer up to 5-6 days. Normally lasts about 3-4 days. Veteran has been tried on numerous preventative and treatment meds without relief. Veteran has been tried on cymbalta, topamax, maxalt, depakote without relief or improvement either due to failure of med or intolerance of med.
Veteran reports a milder type of headache every day, migraines occur approx 4 days out of the week. Veteran is incapacitated during the headaches--has to have someone come over to take care of kids and the house during the migraines which incpacitate her several days each week.b. Does the Veteran's treatment plan include taking medication for the
diagnosed condition?
[X] Yes [ ] No
If yes, describe treatment (list only those medications used for the
diagnosed condition):
zonegran, tramadol3. Symptoms
-----------
a. Does the Veteran experience headache pain?
[X] Yes [ ] No
[X] Pulsating or throbbing head pain
[X] Pain localized to one side of the head
[X] Pain on both sides of the head
[X] Pain worsens with physical activity
b. Does the Veteran experience non-headache symptoms associated with
headaches? (including symptoms associated with an aura prior to headache
pain)
[X] Yes [ ] No
[X] Nausea
[X] Sensitivity to light
[X] Sensitivity to sound
[X] Changes in vision (such as scotoma, flashes of light, tunnel vision)
c. Indicate duration of typical head pain
[X] More than 2 days
[X] Other, describe:
normally 3-4 days but varies according to history above.
d. Indicate location of typical head pain
[X] Both sides of head4. Prostrating attacks of headache pain
---------------------------------------
a. Migraine / Non-Migraine- Does the Veteran have characteristic
prostrating
attacks of migraine / non-migraine headache pain?[X] Yes [ ] No
If yes, indicate frequency, on average, of prostrating attacks over the
last several months:
[X] Once every monthb. Does the veteran have very prostrating and prolonged attacks of
migraines/non-migraine pain productive of severe economic inadatability?
[X] Yes [ ] No5. Other pertinent physical findings, complications, conditions, signs
and/or symptoms
-----------------------------------------------------------------------------
a. Does the Veteran have any scars (surgical or otherwise) related to any
conditions or to the treatment of any conditions listed in the Diagnosis
section above?
[ ] Yes [X] No
b. Does the Veteran have any other pertinent physical findings,
complications, conditions, signs and/or symptoms related to any
conditions
listed in the Diagnosis section above?
[ ] Yes [X] No
6. Diagnostic testing
---------------------
Are there any other significant diagnostic test findings and/or results?
[X] Yes [ ] No
If yes, provide type of test or procedure, date and results (brief
summary):
CT and MRI of brain were normal
7. Functional impact
--------------------
Does the Veteran's headache condition impact his or her ability to work?
[X] Yes [ ] No
If yes, describe the impact of the Veteran's headache condition,
providing
one or more examples:
see medical opinion
8. Remarks, if any:
-------------------
No remarks provided.TYPE OF MEDICAL OPINION PROVIDED: [ MEDICAL OPINION FOR DIRECT SERVICE
CONNECTION ]
a. The condition claimed was at least as likely as not (50% or greater probability) incurred in or caused by the claimed in-service injury, event or illness.
c. Rationale: The veteran's severe migraines cause frequent prolonged periods of incpacitation currently rendering her unable to obtain or maintain employment in any capacity due to the frequency and totality of incapacitating migraines. The frequency and severity of her incapacitating migraines render her unable to reasonably maintain a regular work schedule in any capacity. Her neurologist, continues to try different treatment modalities and is planning on a trial of botox injections. Her current severity of incapacitation is not considered permanent at this time, but the time and treatment to improve refractroy migraines make it unlike to see significant improvement for several months. Reevaluation in 18-24 months would give adequate time for intervention and to assess the response of her headaches to the intervention. -
By "appeal" do you mean a Notice of Disagreement?
Can you scan and attach here (cover names, address, C file number) a copy of what the lawyer appealed?
NOD- Notice of intent to appeal
Issue: Rating for headaches, which is addressed in Ration Decision dated August 24, 2012.
Dear Sir/Madam:
Please consider this the claimant's NOD on the above issue. The claimant disagrees with the Rating Decision dated 8/24/2012, and is appealing the above mentioned issue in that Rating Decision. The claimant is requesting the Decision Review Officer process.
Considering the severity of the veteran's headaches, and the fact that she is receiving the highest possible rating for this condition. Individual Unemployability (IU) should've been considered due to the severity of her service connected headaches.
Something you posted bothered me......you didnt get a complete C & P exam..... Although this statement from M21-1MR regards BDD claims of pregnant servicewomen,I believe this link also contains deferment of C & Ps for any pregnant veteran, as it would make sense, and extend proper rights to any veteran pregnant when a C & P exam is scheduled so that the claim could remain open until the deferred C & P ,or the deferred part of the C & P is done.
Did VA mention in anything you received from the, that part of the exam would be deferred?
e. Options for Processing BDD Claims for Pregnant Servicewomen
There are three options for processing BDD claims for pregnant servicewomen:
defer the entire examination until after delivery
rate the entire claim based on existing service treatment records (STRs) and evidence, or
rate any claimed conditions that may be granted based on existing STRs and evidence. Defer consideration of any additional disabilities that may not be examined until after delivery. For example, a claim for an amputated finger could be granted but the rest of the claim might be deferred until the pregnancy terminates.
Source:M21-1MR, Part III, Subpart iv, Chapter 3, Section A
I did put in a request for them to defer the exam for a month, which is seriously how long it took, but I guess they ignored my request.
THE C-FILE WAS NOT AVAILABLE FOR REVIEW (SEE BELOW):
CONTENTION: IU
OPINION: THE VETERAN'S SERVICE CONNECTED CONDITIONS ARE NOTED.
THE EXAMINER
IS CURRENTLY UNABLE TO PROVIDE AN OPINION DUE TO THE FACT THAT
THE VETERAN IS
IN HER 3RD TRIMESTER OF PREGNANCY. HER CURRENT STATE OF
PREGNANCY DOES NOT
REFLECT HER TRUE BASELINE. THE EXAMINER IS UNABLE TO OBTAIN XRAYS
OR PFTS
TO DETERMINE THE EXTENT OF DISABILITY· DUE TO HER CURRENT STATUS.
I just thought it was odd that they completely denied my sinusitis even though it is in my medical records.
5. EVIDENCE:
TAB B: MEB Exam p. 10-17,180
TAB C: Allergies/Allergic rhinitis p. 58, 133
TAB D: Entrance Exam p. 90-96
TAB E: Sinusitis p. 180, 202
TAB F: Loratadine medication p.208
^^This was from the compensation and pension exam inquiry.
Claim Received: 09/27/2012
Claim Type: Compensation
Claim Closed: 08/30/2013
Contentions: sinusitis (New), headaches (Increase), asthma (Increase), individual unemployability (New), VBMS (New)
So I still have a chance for this claim since it wasn't denied until August, 2013, is it possible for me to put in a reconsideration for this? Again, this wasn't the one that the lawyer appealed.
-
Tried to contact case manager today, but no response. Left message and will try again tomorrow. Prior to this situation, I did ask them if they think I should appeal for IU becauuse of what the rater said regarding my headaches. I also asked her if the lawyer looked at my c-file, but he didn't. She said he won't look at it until after my NOD is denied. He based the appeal off of the rating that I sent them.
-
From my understanding and the way the RO explained it to me today, the lawyer wasn't appealing the IU; he was appealing my migraines, but the Rater said it wasn't possible because my lawyer put the appeal date as August instead of October (when I filed for IU). The way the lawyer wrote up the appeal is what would have gotten it denied. I am still learning this whole process, and I don't mind starting over.
-
The claim that I filed in October 2012 was for IU. The lawyers didn't appeal that. They appealed my migraines case from August 2012. I am going to see if there is away that I can reopen my claim from October 2012 since I have 8 month until my year will be up.
-
They screwed up. I had to withdraw my claim because it was going to be a waste of time. They were appealing my headaches from August, 2012, but I already have the max. They were also trying to appeal IU, but I didn't file for IU until October, 2012.
-
Hello Everyone,
I have been lurking for a few months and decided to make an account. I served in the Army from 2003-2005. I was medically discharged for asthma (currently 30%), and was rated in 2012 for migraines (50 %). Look forward to chatting with everyone and learning new information.
Take care!
-
Hello everyone. My lawyers filed an appeal for unemployability due to my migraines. I called the 800# tonight and was informed that the lawyers is appealing for a higher rating for migraines, but the thing is, I already have the highest rating. Before getting appointing them, my claim for IU was denied due to me being pregnant at the time, and they didn't do a complete C&P on me. My lawyer isn't appealing the IU though, only the migraines. The C&P examiner for my migraines did give an opinion that I was unemployable, and the rater said there was evidence there, as well. I would like to know how will all of this play out or if my laywer screwed me over? I am attaching the document that is in my c-file. That was from the rater that rated my migraines. Thanks in advance for your help.
Possible Earlier Effective Date
in VA Disability Claims Research
Posted
Hello Everyone. I am thinking about putting in a request for an earlier effective date for my IU. I was approved for 50% migraines in March of 2012. A rater at the time deferred IU. She put in my c-file "invite veteran to file IU due to condition effecting ability to maintain employment" (something like that). I filed in October 2012, and had an exam in July 2013. Now prior to my exam, I called in and requested them hold off on my decision due to me being pregnant at the current time (had baby two weeks later). Well they wouldn't reschedule. I went to the exam and the doctor couldn't give a medical opinion due to me being pregnant (even though he had sufficient records from my prior migraine exam). The rater didn't look at my previous records/c&p exam and denied me automatically.
Fast foward to 2014. I was approved for IU, but they denied my request for an earlier date. My one year for that claim (EED) is approaching, so I want to try to research as much as possible before putting in the NOD. Is there some type of regulation regarding this situation/incomplete exam or should I just take it as a loss?
Thanks in advance