Hucast21

Thanks pac for replying. I was hoping for you to answer since you’ve been through it yourself. The way the psychiatrist wrote the IME, his opinion is that I’ve had depression since 2013 while I was still active duty.

In the IME report under Finding and Conclusions, the board-certified psychiatrist wrote this: “Subsequent to several years of unfettered migraine headaches, the veteran went on to develop severe depressive symptomatology due to the nature of these headaches, preventing him from functioning, socially or occupationally, as early as February 2013. I also opine that the veteran’s concomitant disease processes, migraine headaches and a depressive disorder, potentiated each other and/or directly related to his active duty service based on the findings I have documented in this report. Also, references are provided below revealing the strong correlation between migraine headaches and depression.” He then spends almost two pages explaining how that I have total occupational and social impairment due to my migraine headaches and depression in greater detail. Before the Findings and Conclusions, the psychiatrist went over my medical chronology starting when I was in active duty where I was diagnosed with migraine headaches and how many times I went to sick call. He also goes over my VA records pointing out episodes where I was hospitalized at a VAMC for suicidal thoughts because of severe migraines. Also, I do have a current diagnosis of migraine headaches and depression from a VA neurologist and psychiatrist respectively.

Hi all, First question - I originally filed a claim for migraine headaches in 2016, which was denied and became final. I filed another claim for migraine headaches with other contentions in 2018 and currently have a BVA hearing in April. If I am granted service-connection for migraine headaches, can I argue for an EED of 2016? Second question - Going back to my claim that I filed in 2018, I have an IME from a board-certified psychiatrist who opined that I have major depressive disorder going back to 2013 when I was still in service. If I am granted service-connection for MDD, can I argue for an EED of 2013? Any help would be appreciated. Thank you.

Hi Echo, Like everyone has said, we need to see the language in the denial letter to give you better information. I, too, suffer from migraines who also been denied, so I know how you feel.

Can’t tell if it’s good or bad, but it’s great that your claim is moving along.

No that is not normal imo. I would wait for the decision letter and then you take it from there if you want to appeal or not.

I am not working and suffer from depression due to migraines, which I have been hospitalized twice for suicidal thoughts at Orlando VAMC. Had six suicide attempts since 2010 because of migraines.

I know that feeling, since my original claim was handled by St. Petersburg RO. The employees there are incompetent. I agree that they do not follow CFRs. For example - the rater took the opinion of the NP who did my C&P exam that since I don’t have 15 migraines a month, I don’t have chronic migraines. The CFR states if migraines are prostrating in nature and in terms of once in two months over the last several months to very frequently and prostrating in nature. Nothing in the CFR that is has to be 15 migraines or more per month in order to be service-connected. My service medical records shows in writing that I “lay down in a dark room for relief with sensitivity to light and sound during a severe migraine and a frequency of 2-3 episodes per week for several months.” The rater denied me. It does feel like a personal attack. Now I have a BVA hearing in April, so hopefully I’ll get justice then and there. Like really, how hard is it to follow CFRs? My claim is the definition of the CFR for migraines. I assume that’s why Hill & Ponton took my case so quickly. The evidence is very strong.

Yes, my attorney will point that out in the written argument. In fact, he was surprised that the rater actually brought that up in the Statement of the Case.

I think this is the case because I have documented evidence of my contentions in my military medical records plus an IMO from a specialist. The only hiccup was an unfavorable C&P exam and not filing a claim within a year from leaving service (the rater actually used this reason along with the unfavorable C&P exam to deny me). To all active duty service members reading this, please document everything while you’re still in and file a claim preferably while you’re transitioning out from service (BDD - Benefits Delivery at Discharge).

Hi all, My BVA hearing is scheduled in April, but my attorney is going to submit a written argument and waive hearing request. Has anyone had any experience with this and does this speed up the claims process? Any information will be greatly appreciated. Thank you

Yes, the VA uses NP’s all the time for C&P exams but the VA can set its own rules though. You know this. If an NP gave a veteran an unfavorable C&P exam, and the veteran countered with an IMO from another NP, it won’t cut it imo. The best way to discredit an unfavorable exam from an NP is to get a 2nd opinion from a board-certified specialist. The OP is asking if a nexus statement from a MSW is sufficient. I don’t think it is. The VA shot down my IMO from a board-certified specialist because the rater considered it “telehealth”, despite the VA doing telehealth appointments and certain C&P exams due to COVID. The VA are hypocrites and don’t follow their own rules.

In my opinion, your nexus will more than likely be tossed out because your provider is not a board-certified sleep specialist. You need a medical doctor, particularly a board-certified specialist, to render you a nexus letter if you want to connect sleep apnea secondary to PTSD.

Thanks everyone for your replies. I will submit a claims package.

Hello everyone. I am already service-connected for my knees but lately I‘ve been having suicidal ideations due to chronic knee pain. My VA Progress Notes state my chronic knee pain contributes to my depression. Some comments left by the VA psychiatrist: - Currently, his chronic knee pain has flared up significantly and this has contributed to recent worsening of his mood. - He notes increased depression this past month because of increased knee pain. States that it has been making him more depressed and irritable. He hasn't been able to sleep well because he wakes up from pain. - Over the weekend had suicidal ideation activated by knee pain. I just want to know if this is good enough for secondary service-connection or if I need more evidence. Also, I do not wish chronic pain on anyone. My provider scheduled an ortho referral at the end of November. I am also scheduled for CBT to deal with the chronic knee pain. Thank you.

The case manager for my VA claim agrees with your assessment.

Yes I did, along with non-combat trauma as well.

Hello, I was denied for PTSD and migraines two years ago. I’ve been having sessions with a VA psychiatrist till now and found something interesting in my progress notes the other day. The VA psychiatrist wrote this: Veteran is a 40 yo male with bipolar disorder, unspecified anxiety, and PTSD from military experiences and MST. Does the statement above satisfy the Caluza elements? Thank you

I don’t what you’re trying to say. I can read and noticed this: When reviewing SSA records, pay close attention to what disability resulted in an award of SSA benefits, and whether that disability is one for which SC has been awarded. My post was about warning veterans of being awarded SSDI for non-service connected disabilities when applying for TDIU such as this: “However, receiving SSDI could also potentially hurt your TDIU claim. When reviewing your claim, VA must consider favorable as well as unfavorable evidence in your SSA records. So, if your SSA records include negative medical opinions or other unfavorable evidence, that will be taken into account by VA. Additionally, your SSA records may hurt your claim if you have many disabilities or other similar-but-not-service-connected disabilities. For Individual Unemployability, you must show that you are unemployable because of your service-connected disability or disabilities alone. So SSA records that show that your non-service-connected disability or disabilities are responsible for your unemployability could make it harder to prove your VA claim.” Here I’m going to be frank with you, you know what you need to do. Go appeal to the BVA and get in line like everyone else.

You’re right. My post was more of a warning to other veterans about applying for SSDI and TDIU. In your case, the VA is just pulling your chain. Take it to the BVA or higher.

I agree with you that the VA’s logic doesn’t make sense. One important thing I have recently come across in regards for filing TDIU is this: If SSA grants SSDI/SSI to veteran for a non-service connected disability, the VA will then turn around and use that against the veteran to deny TDIU. To me, that is straight bullshit but it has happened to a lot of veterans in the past. I was also warned about this from vocational expert Patrick Clifford himself. He told me that I should first get TDIU, then go for SSDI. I need some type of income, so I recently sought legal representation for SSDI, in the hopes of BVA granting service-connection first before my SSDI claim is approved. If I am approved for SSDI first before the BVA grants my appeal, I’ll just sit on the SSA reward letter and play dumb. Edit: I just wanted to edit my post and let anyone who is reading this topic to be wary about using an SSA award for a non-service connected disability for TDIU approval. When in doubt, get approved for TDIU first, and then apply for SSDI if you still meet the requirements.

I agree. I’ve been perusing this site looking back at posts from forum members in the past. It seems a majority of HadIt users ask for information on a personal level, get their 100%, and then suddenly leave the site. I was coming pretty close on making a topic of “what happened to all the 100% P&T HadIt users from years ago.” I understand that everyone is free to do whatever they well please, but it feels like a ghost town presently compared to the activity from years ago.

I agree with broncovet. Call the White House hotline and the White House VA hotline.

Yea, it’s a common tactic I’ve read far too many times in regards to VA claims. I am convinced that veterans who received favorable decisions on their claims without going to appeal, are more lucky than anything.

This seems to be a common tactic by the VA, which is why I immediately sought legal representation when my initial claim was denied. If a veteran goes at it alone, even with an IMO with nexus, submitting the IMO too early just gives the VA more time to come back with a second opinion. The way my attorney explained it to me was like this: 1. Have a board-certified specialist look at your claims file and render an IMO with nexus. 2. Sit on the IMO and submit until the very last, so the VA doesn’t have time to come back and ask for a second opinion. 3. More than likely, the rater or DRO will uphold the previous denial because the VA wasn’t given enough time to refute the strong probative evidence (IMO with nexus) in favor of the veteran. 4. Appeal to the BVA, and at the hearing, point out the ridiculous decision of how the rater/DRO gave more weight from a NP than a board-certified specialist. VA disability attorneys/lawyers learned their lesson many years ago when they submitted favorable evidence for their clients too early, only for the VA to turn around and ask for a second opinion.