Hucast21

That’s how my supplemental claim went for TDIU and migraines (not a claim increase like yours). My supplemental claim was opened and closed in five days. I have an IME w/ IMO from a board-certified specialist and was still denied. Hopefully, your claim increase is successful.

Thanks Buck52. Reading other veteran stories here on hadit about how the evidence is so apparent and still got denied, and then the same thing happens to you is really a wtf moment... Like, the VA does not follow its own rules and regulations in regards to most VA claims. It just blows my mind how my RO discounts strong probative evidence for my case and takes a medical opinion from an NP who also rendered an unfavorable decision by incorrectly applying VA’s definition of migraine headaches is really something. The C&P exam for my migraines states I had migraine headaches while in-service but does not meet the definition of chronic migraines because I do not have 15 episodes per month or more... The VA rating criteria for migraines is: 8100 Migraine: With very frequent completely prostrating and prolonged attacks productive of severe economic inadaptability 50 With characteristic prostrating attacks occurring on an average once a month over last several months 30 With characteristic prostrating attacks averaging one in 2 months over last several months 10 With less frequent attacks 0 Nothing to do with having 15 chronic migraines per month. At the time of exam, I had 4-6 migraine headaches per month that were prostrating in nature. Currently, the number has increased to 5-7 per month. This is just downright sad that the VA does not follow their own rules.

I will not give up the fight. The blatant denial is just a punch to the gut, but I am over it now. VA gave me 10% for each knee where my knees were only documented twice in my SMRs - one sick call about my knees hurting, and the separation physical exam stating PFS due to the physician finding crepitus in both knees. The C&P exam found crepitus in both knees and gave the magic words of “at least as likely as not related to his military service.” My other contentions were major depressive order secondary to migraines and TDIU. Obviously, those were denied. My VA treatment records are littered with “veteran having daily SI due to his migraines” by providers and a diagnosis of major depressive disorder. And I hope this opens up a lot of eyes to other veterans who wish to file a claim and are perusing this website - having a documented disability in your SMRs along with receiving treatment for your current disabilities diagnosed by VA providers, plus an IME w/ IMO from a board-certified specialist does not guarantee a win if you file or appeal a claim. It will most likely have to go the BVA, which is a shame.

Update 2: Just talked to a representative for my lawyer. I was basically told my lawyer is going to write an argument letter and present it to the BVA hearing judge - citing VA rules, regulations, and other similar cases of how my claim has been unfairly rated by the RO given all of the probative evidence. The motto of “deny, deny, deny until the veteran quits or dies” is alive and well. It should not take a veteran to present their case before the BVA to get it right. It is downright insulting and a spit to the face when a veteran clearly has current disabilities (that are presently being treated) that were diagnosed while in-service and documented in their SMRs. I find it funny how my least documented disability in my SMRs (patellofemoral syndrome in both knees) was granted when I first filed my claim in 2018. Now I know first-hand how most or some of you feel in hadit.

Update: My lawyer received the decision letter before I did. I was denied on all of my contentions, and my lawyer sent in the form to appeal to the BVA. I find this disheartening because one of my issues (migraine headaches) are clearly documented in my SMRs and even on the separation physical exam the physician wrote “Migraine headaches (severe).” My SMRs also showed the frequency (3-5 per month) and intensity (prostrating in nature) of the migraines with documentation of laying down or sleep was my only relief. Sumatriptans did not help at all. After I left service, I was also diagnosed by a VA neurologist with migraine headaches. Then I had an IME w/ IMO with a board certified specialist who provided a nexus with “at least as likely as not related to his military service” in regards to my migraines. I just feel defeated, and my migraine headaches make me suicidal to the point I have suicidal ideation on a daily basis. I do no understand how the VA can deny service-connection when the evidence is cut and dry. The C&P exam for my migraines was done by an NP who incorrectly applied the VA definition for migraines and opined “veteran does not have chronic migraines. Chronic migraines are 15 migraine headaches per month or more.” Migraine headaches are not rated that way, which to me is clearly a CUE. I just feel so broken.

So, my lawyer sent an IME w/ IMO and filed a supplemental claim solely for IU on March 20. It was closed on March 25, and va.gov just states claim closed and nothing more. Hopefully, I get good news.

Hi all, I called Peggy about my appeal and was told that “your claim is ready to be rated.” Recently, my lawyer faxed intake my IMO, and was curious if anyone knows the timeframe from “ready to be rated” to a decision. Thanks, Hucast21