ArmygirlRJ

Sounds like you may already have insurance privately. Costs are money out of pocket I get it but get a consult to a non teaching hospital neurologist and take with you all the documentation and exam notes etc. If you haven't started get a headache diary going. Write daily on the hard copy and then transcribe into the myhealthevet. Go to travel v k health and then medical events log. Do this for headache and everything else sc

Your neurologist would not have completed your FMLA paperwork unless you had a chronic health condition that warranted it. You should include your FMLA paperwork as part of your evidence and if you could get an IMO from the neurologist, have him/her discuss the circumstances that justified the completion of that paperwork.

There is no "loophole" in FMLA. That's not to say that employees are not harassed for taking advantage of FMLA, but an employer's interference in an employee's right to access FMLA will be very costly to the employer. Short of a reduction in force that includes other people, the employer would have a very high hurdle to clear trying to defend firing someone who has not exhausted their FMLA leave.

Here are some older post from the elders of hadit, read them to get a better insight.






.............Buck

This is my recommendation.
First, get your cfile if you have not yet done so. Read what the docs said, and dont take VA's word for it.

Next, read and understand the "reasons and bases" for denial. Finally, look up the criteria necessary for your desired increase. When you respond with a NOD, cite evidence showing how you met the applicable criteria.

Did they cite favorable evidence? If not, then you can appeal on that bases, that the VARO decision failed to consider Dr. XXX favorable evidence on a medical exam of dd-mm-year.


If VA was incorrect, and misinterpreted or lied about what the medical records, then base your appeal on this evidence.

If you had a C and P exam that was unfavorable, then you can dispute the credentials of the examiner, such as do they have expertise in your malady.

In short, you want to refute the "reasons and bases" for denial with solid medical evidence to the contrary.
If a rookie doc gave unfavorable evidence, you can ask the BVA for a C and P exam.

Most all VA Hospitals are teaching Hospitals!

You need to go get a Private IME/IMO and give the Dr your history and ask him to give his opine to your disability and use the VA guidelines here on hadit

Its good you filed your NOD you have one year, to re-gather your evidence or New & Material Evidence
You should receive a SOC from the VA ''Statement of the Case''

You need to get your last C&P report usually you can get that at the VAMC where your exam was.
And like broncovet mention you NEED to get your C-File.

There's other ways to prove your claim but we need to know what the reasons and bases of the denial.
if you can copy & paste that here on hadit and be sure to cover your name and SS No. be sure there's no personal ID on it.

Remember if your SC disability precludes you from working or doing any type of sendetary work you will be eligible for the 100%TDIU Rates. and SSDI


Thank you for your service and I'm glad you came to Hadit, things will get better for you now.



.....................Buck

The VA usually needs "in your face" documentation that makes it more than obvious that the severity of a condition is sufficient to grant the rating sought.
The question at the heart of your problem is how to get the medical provider(s) to generate it.
It sounds like you will need to coach the provider as to what is needed. An option is to get an independent medical opinion that backs up and summarizes
your condition and it's severity in language that the VA accepts. From what you wrote concerning the VA's refusal of an increase, you have an understanding
of what is needed, but not exactly how to obtain it. We all have this sort of problem at times, since most doctors and providers have a limited knowledge of what the VA wants to see.

Explaining your VA related problem to the provider(s), along with what you need, is usually effective. Occasionally, I've had to go back to a provider, and explain why the provider's
statements need to be re-worded, or amplified to meet the VA's druthers. In one case, a provider originally agreed to write an opinion, then wanted to back out. I pointed out that
they had agreed, and that was a significant part of why I chose the provider, and made it clear that I expected them to fully honor the commitment if they wanted to retain me as a patient..

Many veterans face the provider "only game in town" issue, due to cost, or other considerations. When this happens, the veteran must deal with the problem, and often be politely persuasive.

"The only problem is that it is a teaching hospital so each time I see a different resident and maybe a different attending also"
Based upon this, it sounds like you will need to talk to the supervising physician, and explain the problem/difficulty you are encountering. Since this is evidently the VA,
it may be easy or not to accomplish. In a private setting, the physician would usually cause a more complete evaluation to be made from the individual inputs of the various
providers you have seen. Who knows what the VA would do, but it's worth a try.