Migraines (0% Rating)

[david walker]

Talked with a SO today, so I don't have official word, but my claim for migraines was given a 0% rating. I am so upset, the doc never discussed them during them C&P. When I told him about them he just looked at me like a dummy. My headaches are headaches of the upper cervical occipital blending with daily neck pains, or so he says. I have 20% DDD of the C-spine with C4,5,6 fusion & 2 broken screws, facet disease, arthritis and 2 herniated disks above and below the fusion. BUT MY HEAD DON"T HURT!! I have documentation from my neurologist saying they are migraines caused by ny SC neck problems and I receive migraine meds from the VA. Call them what you want they still are very pain and debilitating. How can they not rate them as something. Sorry for sounding like I have attitude. I been at this for 2 years, I believe they just hope people give up and go away. I wonder how many poor deserving people actual give up or don't try because this is so fustrating???? Thanks for listening, any suggestions are greatly appreciated.

[carlie]

David,

Have you already signed a ROI and request for a copy of the C&P ?

I would NOD it ASAP and provide for a second time, any evidence they failed to consider in granting your claim, then list the regulations they neglected to adhere to.

Good luck,

carlie

[Guest jstacy]

David, I was afraid that was what the RO was trying to do to you. Looks like they hid the service connection behind your neck. I would immediatley ask for a seperate rating for the Headaches. Here are some Ideas if your less than 50 percent and have to pay copays.

1. Calll the billing office and ask for reimbursement for all copays paid for Migraine medicines related to the headaches back to the effective date on the award.

2. Ask for reimbursment for C spine related medication copays.

3. When they were Jerking Me around, I called My insurance company and told them they had been Paying for treatment that was supposed to have been taken care by the government. You should have heard the Guy on the other end of the Phone.

We all have ways to hit them in the pocket book when they continue to jerk us around.

[Vike17]

If they awarded you a 0% rating, then it means it's service-connected, you're just not getting any money. It sounds like the VA "low-balled" you on the percentage. There are two avenue of approaches you can take.

The first is to ask for a "reconsideration." This means if you have any evidence that the VA was unaware of at the time of the original rating, you can submit it and ask them to reconsider their previous decision. This generally goes faster than an appeal.

The second way is to file a NOD (Notice of Disagreement) if the VA didn't consider evidence that was submitted prior to the decision. If this is the case, then I would ask for a DRO review. Make sure you state you want a DRO review in your NOD. Depending on your Regional Office, a DRO review can take anywhere between 1 to 12 months. If the DRO does not upgrade your 0% rating, then you can still File a VA form 9 and appeal thier decision to the BVA (Board of Veterans Appeals). Hope this helps!

Vike 17

[david walker]

Sounds like some good advice, I'll give it a shot. Thanks Guys

[Guest Berta]

David- this BVA migraine claim might help:

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

I suggest that you get the actual rating schedule- (it should have come with the decision) as to 10% 30% etc- this BVA case only mentions 30 and 50% I think-

and if you have the medical evidence that fits into any higher VA criteria, they have to consider that.

[david walker]

I'm getting my ducks in row, thanks for the help. I have come to think this is a game the VA plays. You file a claim, they give you a little bit and hope you go away. When you request a reconsider or send a NOD they give alittle more and hope you go away. I can't believe can give me 0% when my VA primary care doctor is prescribing medication for migraines for me and my civilian doctors have diagnosed me with migraines. But then again the doc's determined my ROM without using a gonimeter. My SO said I should get my official letter in about 7-9 days. I can't wait to see what it says.