Jump to content
  • Latest Donations

  • Advertisemnt

  • 14 Questions about VA Disability Compensation Benefits Claims

    questions-001@3x.png

    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
    Continue Reading
     
  • Ads

  • Most Common VA Disabilities Claimed for Compensation:   

    tinnitus-005.pngptsd-005.pnglumbosacral-005.pngscars-005.pnglimitation-flexion-knee-005.pngdiabetes-005.pnglimitation-motion-ankle-005.pngparalysis-005.pngdegenerative-arthitis-spine-005.pngtbi-traumatic-brain-injury-005.png

  • Advertisemnt

  • Advertisemnt

  • Ads

  • Can a 100 percent Disabled Veteran Work and Earn an Income?

    employment 2.jpeg

    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

Sponsored Ads

  • Searches Community Forums, Blog and more

  • Donation Box

    Please donate to support the community.
    We appreciate all donations!
  • Available Subscriptions

  • 0
Rich W

Completing A Nod

Question

I recently received my rating for migraines. The rating was 0%. The rating decision stated I did not suffer from prostrating episodes and the examiner stated the migraines do not affect my work. This is a total contradiction to what I put down on my claimant medical history form I turned in to the examiner during my C&P exam. It was also contrary to what I stated to the examiner. I am going to send in a NOD. I'm just not sure what to include in the NOD.

I have a copy of the Claimant Medical History form I filled out (I try to copy everything). Would it be a good idea to include this and refer to it in the NOD?

Also, should I add new evidence in the NOD? I have gone to the VA hospital multiple times for my migraines, one being an ER visit where I was given an IV and an injection to help with the migraine. My primary care physician has scheduled a CT scan and a neuro consult. Should I add all this to the NOD or should I wait for the CT scan and neuro consult results before sending in the NOD?

Should I only include the Claimant Medical History form or should I also include the new medical evidence or neither?

Share this post


Link to post
Share on other sites

3 answers to this question

Recommended Posts

Refer to-in the NOD- and then tell them it is attached-

ANY evidence whatsoever that shows your migraines are more disabling than "0".

Have you determined what level your rating should be? They should have included the migraine rating schedule with the decision.

You can send them copies of the Neuro consult and MRI results with a 21-4138 (available at the VA web site-Statement in Support of Claim) if you do not have them by time you file a NOD.

"I have gone to the VA hospital multiple times for my migraines, one being an ER visit where I was given an IV and an injection to help with the migraine."

Did they list these records as evidence and refer to them in the decision?

Do you have copies of your VA medical records?

Share this post


Link to post
Share on other sites

Ad

I recently received my rating for migraines. The rating was 0%. The rating decision stated I did not suffer from prostrating episodes and the examiner stated the migraines do not affect my work.

Rich W,

In the rating decision, what did the doc state is the etiology of your headaches.

In other words your headaches are caused by... What ?

Are they a result of head injury ?

Do you know the Diagnostic Code they rated you under ?

It looks to me like they rated you under pre Oct 2008 DC 8045.

carlie

Share this post


Link to post
Share on other sites

So it's recommended to include any new evidence in the NOD.

Here is the background:

I have migraines due to bilateral reciprocal disc displacement (TMJ). I also have a 0% rating for TMJ. The rating decision stated that a non compensable evaluation is assigned unless there are characteristic prostrating attacks so I assume they put me in the "with less frequent attacks". I looked at the rating schedule and it breaks down the rating as the following:

8100 Migraine:

With very frequent completely prostrating and prolonged attacks productive of severe economic in adaptability....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%

I consider myself in the 30% category because I have characteristic prostrating attacks occurring on average 4 times a month. My migraines do not affect my ability to keep my job although it does affect my work. This is mainly because my boss also suffers from migraines and is very sympathetic. I think they have a problem characterizing my migraines as prostrating even though I stated I require complete bed rest when I have an episode (in my bed with the lights off and no noise). I looked for a definition of prostrating and it is not clearly defined. My medical records just state I suffer from migraines, they never got into the details about the severity of my migraines.

Share this post


Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now

  • Ads

  • Ad

  • Latest News
  • Our picks

    • SHOW YOUR SUPPORT: Ad Free Subscriptions to the Forum available
      Ad free subscriptions are available for the forum. Subscriptions give you the forums ad free and help support the forum and site. Monthly $5 Annually $50 https://community.hadit.com/subscriptions/

      Every bit helps - Thank you.

       
      • 0 replies
    • Choosing a VA Disability Attorney Means Learning What Questions to Ask
      Choosing a VA Disability Attorney Means Learning What Questions to Ask. Chris Attig - Veterans Law Blog 

      <br style="color:#000000; text-align:start">How to Hire an Attorney For Your VA Claim or Appeal Free Guidebook available on the Veterans Law Blog

      I got an email the other day from a Veteran.  It had 2 or 3 sentences about his claim, and then closed at the end: “Please call me. So-and-so told me you were the best and I want your help.”

      While I appreciate the compliments, I shudder a little at emails like this.  For 2 reasons.

      First, I get a lot of emails like this.  And while I diligently represent my clients – I often tell them we will pursue their claim until we have no more appeals or until we win – I am most assuredly not the best.

      There are a LOT of damn good VA Disability attorneys out there.  (Most, if not all, of the best are members of the National Organization of Veterans Advocates…read about one of them, here)

      Second, I don’t want Veterans to choose their attorney based on who their friend thought was the best.  I want Veterans to choose the VA Disability attorney who is BEST for their case.

      In some situations, that may be the Attig Law Firm.

      But it may also be be Hill and Ponton, or Chisholm-Kilpatrick, or Bergman Moore.  Or any one of the dozens of other attorneys who have made the representation of Veterans their professional life’s work.

      There are hundreds of attorneys that are out there representing Veterans, and I’m here to tell you that who is best for your friend’s case may not be the best for your case.

      How do you Find the Best VA Disability Attorney for your Claim?

      First, you have to answer the question: do you NEED an attorney?

      Some of you don’t...
      • 1 reply
    • VA Emergency Medical Care
      VA Emergency Medical Care
      • 3 replies
    • Veterans Appeals Improvement and Modernization Act
      Veterans Appeals Improvement and Modernization Act
      • 0 replies
    • Thanks Berta for your help. I did receive my 100% today for my IU claim on 6/20/2018. It only took 64 days to complete and it is p&t. Thanks for your words of wisdom. 
×

Important Information

{terms] and Guidelines