Thank you for your detailed responses. Yes the back, shoulder, and migraines were all service connected. Both of my C&P exams for the back stated that I was unable to do both sedentary and manual work due to rom and pain, and stated my back limitation makes me unable to do prolonged sitting, standing, or walking. No other medical limitations were listed for the back. Both C&P exams for the shoulder said I was unable to do manual labor because of ROM and pain which would limit my ability to work, especially anything that requires overhead lifting, or lifting above shoulder level. The migraine exam for IU that I had just four months after my first migraine exam is the only exam that I am concerned about, because that exam said I would be able to do secondary or light manual labor, and again, he checked the no box for prostrating migraines. Which was in direct opposite contrast to the first exam I had four months earlier. Thank you again for posting those regulations about reducing my rating.
Left work in 2009 due to above disabilities. On SSDI as of 2011. First C&P exam for migraines said as likely as not service connected and said migraines were frequent and prostrating. Migraines were rated at 50% from August 2015 c&p exam. I do not know why December C&P exam for migraines did not list migrsines as prostrating. The examiner had all my records and check the box that he reviewed them. Can va reduce migrains for the second CMP exam?
This is my first post. I am rated 70% overall, 50% for migraines, 30% for shoulder, and 20% for back. This rating came in mid-november 2015 and I immediately applied for IU. I had another set of C&P exams that were requested and performed only four months after my original C&P exams in August. My veterans representative has sent me copies of all three C&P exams. The exam for the back has rom that is more restrictive then the original exam. It says that flexion is now 0 to 30 degrees, and extension 0 - 10 degrees. The first back exam said 0 - 40 + 0 - 15. The shoulder exam was unchanged. The back exam also says "veteran is unable to perform both sedentary and manual labor due to rom and pain." The shoulder exam says veteran unable to do manual labor, due to pain and limited range of motion, especially unable to do any overhead lifting. Now the migraine exam is the one I have a real problem with. My first migraine exam said veteran has frequent and prostrating migraines 2 - 3 times per month, & I saw the second exam and the boxes were not checked for prostrating and frequent migraines. These exams were all performed by a different doctor than the first exams just four months earlier. The back and shoulder exams that I just had we're by an orthopedic surgeon at the local VA hospital. The 2nd migraine exam was performed by a retired radiologist who is under contract to MSLA. So my question is, can the VA reduce my migraine rating based on the more recent exam, even though I told the examiner that my migraines have gotten worse and are prostrating and frequent? And a second question is, since the DBQ on both of my back exams both said that sedentary and manual labor was not possible, are just those exams enough to award IU?