tdiu 1 Week Post-award

[MarineDog]

Hey hadit family,

It has been a week since I received my award letter. I owe you all thanks for helping me get along with my paperwork. I truly could not have done it without my Family here at hadit.com! I have calmed down from the relief of getting such a quick award. Now I need your help! Did I really get a good deal? Should I let a sleeping dog lay?

I was previously service connected for:

• 30% Migraine Headaches

• 20% Right Foot Injury

Received an award letter for additional service connected disabilities from VARO dated November 7, 2005:

• 50% Depression, Secondary to Migraines, (Sleep also claimed, is caused by depression not medication)

• 50% Migraine Headaches (Added 20%)

• 10% Arthritis, Right Hip

• TDIU

• Chapter 35

What I additionally, and initially asked for on the disability claim:

• Extra-Schedular Rating of 100% for my Migraine Headaches

Currently, my Total Combined Rating is 80%, TDIU, P/T.

The only thing I am thinking about appealing on is the lack of acknowledgement of my request for an Extra-Schedular Rating. I have for the last 22 years, been experienced extreme migraines. I have 3 to 6 migraines per week. I made a log of 14 months of headaches in early 1994 and presented it to the VA. My current logbook is only 7 months long; however, it shows that my headaches are getting worse. During the last 7 months, I have suffered through 65% of the total hours with a migraine. I have had 17 jobs in the last 22 years due to these headaches. I feel that my headaches do rate an Extra-Schedular Rating of 100%.

I have presented the VA with all of this:

• IMO’s and VA Doc’s agreed

• C&P’s and my IMO’s statements agree

• Migraine Headache Logbook with 7 months of data

• Lay testimony of 11 people I have known for 35+ years

• Letters from prior employers

• 22 years of IMO’s and VA medical records

Give me your advice on this please!!!! What should I do? What would you do??

Some other questions, please……

Question: If I appeal can the VA come back with a lower award?

Question: As I am now (80%, TDIU, P/T), can I get an ID to get on Base?

Question: The closest VAMC is 2 hours away. Can I receive treatment closer to where I live? If so, how?

[carlie]

Hey Dog,

If I felt the effective dates were right and got the TDIU -- I would probably just enjoy and leave it all alone for a while . Down the road I would start working on P/T.

[Jay Johnson]

Hey Dog,

If I felt the effective dates were right and got the TDIU -- I would probably just enjoy and leave it all alone for a while . Down the road I would start working on P/T.

It appears he already got P&T as he said he had chapter 35 benefits. As far as the SMC is concerned - Why exactly are you seeking SMC? The criteria for SMC is quite strict and it doesn't sound, with the evidence you provided, that you qualify for SMC at this time. The severity of a single disorder has nothing to do with SMC...you are either housebound because of your disorder (which doesn't seem to be the case) or you are in need of regular aid and/or assistance as a result of your disability. Unless there's something you're not providing, I don't see SMC in your future:-(

P.S. - I'm not 100% sure, but SMC for migranes sounds like a bit of a stretch...what exactly do you require aid and attendance for?

[Guest fla_viking]

Dear Marine Dog.

THey did a study and found migraines were caused by the the anti migraine headach pills and asprains people took. They were called re bound headaches.

The only cure for migraines they say is to totally get off all that headach stuff and ride it out for a while. They showed on person who did this and it worked. I would talk to your Dr about it first.

Terry Higgins

[Testvet]

no you still have to use the VA, yes you can get an ID card for using commissary and PX and Non approriated fund activities etc not hospital tho.. dependents are also entitled to ID cards

[Guest Berta]

I don't know if anyone has gotten extraschedular for migraines-

will search a little more-

This is the VA rating schedule:

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

Also-http://www.va.gov/vetapp05/files1/0503027.txt

this vet wanted extraschedular rating for migraines but the BVA mentioned specifically:

"As the 50 percent initial rating assigned herein, itself, is

recognition that the veteran's industrial capability is

impaired (see Van Hoose v. Brown, 4 Vet. App. 361, 363

(1993)), there simply is no basis for referral of the claim

for assignment of any higher evaluation on an extra-schedular

basis. 38 C.F.R. § 3.321(B)(1). There is no showing that

the veteran's migraine disability, alone, is so exceptional

or unusual, with such related factors as marked interference

with employment (beyond that contemplated in the assigned

evaluation), or frequent periods of hospitalization, so as to

render impractical the application of the regular schedular

criteria. The Board is therefore not required to refer this

matter to the RO for the procedural actions outlined in 38

C.F.R. § 3.321((1)."

I have not found a migraine rating yet higher than 50% at the BVA-

I do not quite see any benefit in attempting to get a higher rating -you have the TDIU and with Chap 35 for your dependents, this means it is P & T.