LegacyArmy

Thanks for taking a look at it. I do not disagree with my Cervical strain effective date, I believe that is right as I filed a supplemental claim years after my original claim denial. I disagree with my effective date for migraines as I filed the supplemental claim well within my appeal time. But, even if they applied the same logic as my cervical strain claim, the effective date for migraines should have been April 10, 2020 not june 24, 2020. May be this explains better: Cervical strain original claim: Some time in April 2014, denied in Jun 2014, never appealed. Cervical strain supplemental claim: May 16, 2019, decision rendered Aug 08, 2019, Effective date May 16, 2019 Migraines increase claim: Feb 19, 2019, Denied decision June 20, 2019 Migraines Supplemental claim: April 20, 2020, Approved to 30% Decision July 10, 2020, Effective date: Jun 24, 2020. with this, don't you think that the effective date for migraines should have been Feb 19, 2019 or at least April 10, 2020 ( date when supplement claim was filed)? II believe that it is impossible for them to argue that the condition started during c&p exam and also, the fact that they had medical evidence needed to increase the rating with the c&p exam dated march 28, 2019 itself. With everyone's comments, I am leaning more towards appeal as I do not want them to touch my ratings. But, I want just figure out on what to argue in regards to the effective date.

Thanks for the response. my medical records shows medication refills and they have an MRI, CT scan which did not reveal much. For now, I take medicine and took sumatripton injections as well, which helps. that is all I have in my medical records. I am also fine with the rating as I believe one is in Danger zone if you have highest rating for any condition, I feel that you are safer when you have low to mid level rating for any given condition.

Thank you everyone for the responses, appreciate it! Here are the decision letters and I am also attaching snapshots of part of the c&p exams which should have gave me a favorable rating. Please take a look at them and let me know. The above snapshot is from from my Migraine c& p on June 24, 2020. This is for the exam conducted after filing supplemental claim. T The above snapshot is from the c&p exam conducted on March 28, 2019 and decision rendered on Jun 20, 2019. I filed the supplemental claim for this decision. Cervical Strain VA Decision.pdf Migraines New Rating.pdf Migraines VA Decision.pdf

I need some help with my effective date, I applied for Migraine increase on Feb 19, 2019. VA denied it. Recently looked in c-file and the C& P exam results were favorable, it was done at a VA facility by VA doctor neurologist. In the decision letter dated Jun 20, 2019, rater never gave a reason on why the exam results were disregarded. I got an independent medical opinion and filed a supplemental claim on April 10, 2020. Another C&P exam was conducted on june 24, 2020. Va approved the claim and gave an effective date of jun 24, 2020. I believe that I can claim CUE here as the effective date should have been Feb 19 2019 since the claim was continuously pursued and rater never gave a proper explanation of why VA doctor's opinion was disregarded and if it was rated properly, I would have got 100% on May 16, 2019 when I was rated for cervical strain. and my 100% effective4 date would have been May 16, 2019 instead of Jun 24, 2020. Do you think I have a case here? Any help is appreciated and I can send you all the decision letters if you need to look at them.

Hello Everyone! Posting here for the first time! I have been reading this forums for quite some time and gathered ton of information on here and regret using third party services to get my rating pushed upwards but, that is a discussion for another day and probably no point in thinking about it now. Anyways, I would like to get some advise from all the knowledge folks here in terms what my next step should be. First of all, I am currently rated 100% P&T as of June 10, 2020. I have been rated 90% since 2011 Dec. I was never thinking about 100% until recently when I filed for a neck issue which was rated at 30% and then I got another 10% secondary condition based on the neck condition in june 2019. Earlier in feb 2019, I filed for increase for migraines (rated 10% now) and Trapezius strain condition ( rated at 0% now) and the c& p exam conducted by the VA was what appears to me is favorable and the doctor recommended increase ( ordered and looked in my C-file recently which I got it in 10 months after I filed for it) but, surprisingly VA denied the increase in June 2019 saying that even though the condition has been improved they can not determine it to be a sustained improvement and kept the 10% rating. I got some medical opinions and records and filed for a supplemental claim in April 2020 and tried to preserve the effective date of Feb 2019. The supplemetal claim has been approved now and the rating has gine from 10 to 30% and with that change, I am now 100% P&T. I strongly beleive after looking at my c-file, VA should have approved my claim for increased rating for Migraines and should have awarded 100% back in June 2019 with an effective date of feb 2019 especially after the positive c&p for feb 2019 increase claim for migraines. In this case, what do you guys suggest? Higher Level Review or BVA appeal, I am determined to fight this on my own if this has to go to BVA since I believe that I have a strong case especially with positive c& P exam back when I originally claimed the increase. Also, I am planning to file another new claim "Orthostatic Hypotension" which I saw in my c-file, I visited doctor couple of times while I was in active duty and when I originally claimed after getting out of army, I filed it as hypertension and was denied and I never appealed it but, I want to file it as what the doctor described it as "Orthostatic Hypotension disorder", since I am already @ 100%, do you guys think filing another new claim is asking for trouble? I am nervous about it but, I do experience the diziness frequently and want to file for it. Any suggestions or advise here?