Migraines

[Fletch]

Well...I was previously rated at 40% and the breakdown is 30% for Sacroiliac Dysfunction and 10% for Migraines. I had one of those exams where you go in and they check you out again. I was armed with my civilian medical records and a letter from my doctor stating that my migraines are 3 to 5 times a month in frequency and are prostrating. I even had my employer write a letter as well to attest to how many times I called out or went home because of these headaches. (22 days total)

VA's response:

The evaluation of migraine headaches is increased to 30% disabling. An evaluation of 30% is granted whenever there are characteristic prostrating attacks occurring on an average of once a month over the last several months. A higher evaluation of 50% is not warranted unless they are very frequent, completely prostrating and prolonged attacks productive of severe economic inadaptability.

Since there is a likelihood of improvement, the assigned evaluation is not considered permanent and is subject to a future review examination.

^^^What kind of bull is this? I gave them every treatment record I had since 1993 to present. The facts show an increase in frequency and that they are prostrating. They even put in their own response that 30% means that I have an attack once a month on average. I have 3 to 5 and they have all the evidence. Maybe I just don't know what very frequent is to get that 50% rating. This is so frustrating dealing with them. It seems like they like to play with our lives. Totally stressing me out.

How do they figure your total rating? I now am rated 30% for Sacroiliac Dysfunction and 30% for Migraines and 0% for blood pressure and they told me my rating is now 50%. I was at 40%. I just was awarded 20% more than I had and it only equaled a 10% increase of my total rating?

Thanks in advance for your comments!!

Fletch

[spike]

Your SC 0% Right?

[jbasser]

Your percent most likely is based on the BP readings. Less than 160 / 100 on a predominant basis.

Good job on the self control. I have to take 5 different meds to try to control mine.

http://www.hadit.com/Service_Connected_Rating_Calculator

The bright side is if you develop heart / Vascular diseases including Anryusms from the BP then it is a lot easier to get it SC'd.

J

Edited February 15, 2009 by jbasser

[spike]

Jbasser,

I showed him how to understand how they come up with the percentages, and the calculator is an amazing tool....(however we have to work on getting it a box to check of for bilateral factor)......and what I was getting at with fletch was if he is SC at 0% thats half the battle won.....you can get an increase but proving SC is a major part of the rating process..

[jbasser]

<_< You are on target as usual Spike.

J

[Fletch]

Yes, I am SC'd at 0% for my blood pressure. Thanks for all your answers! You guys and gals are great.

[spike]

Fletch,

I am going to help you out a little more in regards to this and provide you with something I think is important for everyone to know...but it relates to you here because you have several questions and it sounds like your navigating through the VA system....

There are 7 ways to be Service Connected:

1. Direct

2. Aggervated

3. Paired Organ

4. Vocational Rehab

5. Hospital Care

6. Presumptive

7. Secondary

You are SC now....from 10 years from SC date VA can not take away your Service Connection. However, disabilities are more likely than not to get worse and not better, your able to put in for an increase.

In order to get your SC you were able to prove the following requirements:

1. (AN INJURY) You had an injury in military service (or one followinging if the above), a disease that began in or was made worse during military service or there was an event in service that caused an injury or disease and;

2. (A DIAGNOSIS aka MEDICAL OPINION)You have a current physical or mental disability shown by medical evidence (diagnosis and/or treatment records) and;

3. (A CONNECTION BETWEEN #1 AND #2) There is a relationship between your disability and an injury, disease or event in military service. Medical records or medical opinions were required to establish this relationship (or lay statements, buddy statements, etc). However, under certain circumstances the VA has in the past and may conclude that certain disabilities were caused by service even if there is no specific evidence proving this in your particular claim (presumptive). This cause of disability is presumed for the certain veterans eras (i.e. Vietnam, Persian Gulf, POWs,and many others).

What you need now is to build a case of how your disabilities have gotten worse or become more frequent or how they have affected you more. If they haven't great. If they have take a look at the two Regulations one is USC (United States Code) Title 38 and CFR (Code of Federal Regulations) Title 38 Part 4 Adjudication Schedule for rating disabilities....

Oh by the Way Marine.....Semper Fi .....

Edited February 16, 2009 by spike