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

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    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

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Filing Question


I need some advice. I am currently in the waiting game for the BVA on 2 conditions. One is a low ball on depression (10%) and the other is to get service connection for DDD of thoracolmbar spine. I filed my form 9 in Jan08. Now for my question: I am currently SC for DDD cervical spine (30%) and have been experiencing migraine headaches every couple of days for over 2 years. The VA has prescribed Maxalt XLT and it helps me get rid of the migraine, but doesn't prevent them. During my last VA visit with my physician, I asked him if he thought my migraines were due to my cervical problems and he said "yes, absolutely". I asked him if he would put that in his report (my progress notes) and he did saying "member is experiencing migraines that are probably due to cervical spine condition." Is this enough or do you think VA will require a C&P?

I am not SC for migraines and with the frequency the way I read the 38CFR I should get 30%. Should I file now while I am waiting on my appeal?? Will this delay my appeal? I believe the additional 30% would get me to 90% overall.

Thanks in advance for your advice.

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I would get your VA doctor to get you a Neuro consult. Have the neurologist say the same thing in a progress note, and that should pretty much make your claim complete. Wouldn't hurt to get it filed anyway.

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Your other claim would be at the BVA level and the Migraine headaches would be at the RO level.

File it as it is likely secondary to the C Spine disability you suffer from. Your ED depends on when you file or when the claim has arose.

Diagnostic code 8100.


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You posted,

"I am not SC for migraines and with the frequency the way I read the 38CFR I should get 30%."

Has a doctor ever written you a RX or noted in your Progress Notes

for you to lay down during your headaches or that your headaches are

prostrating in nature and how often this occurs.



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

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Having your PCP state that your migraines are probably due to your service connected spine condition is good but VA will still most likely request a C & P exam to determine how severe and how frequent you have migraines, even if it is already in your records. You say that you filed a form 9 in Jan 08, It is very possible that you can file a claim for migraine headaches secondary to your SC spine condition and it be rated and completed before your appeal is ever processed. Keep in mind the longer you wait to file a claim the longer it will be for your effective date. Having a neurologist treat you for your migraines won't hurt, if they can agree that your migraines are caused by your SC spine.

I had several claims on appeal and then I opened several new claims, I was awarded 100% P & T and now VA is working on my appeals. It is possible for VA to start a temporary file and process your claim for migraines without delaying your appeal but that is up to VA and that is the way it is supposed to work. If I am off, someone else will chime in but this is what I experienced.

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Thanks all. I have the claim letter ready, so I will send it off tomorrow. Carlie, you make a good point. I don't think they have actually stated that I should lay down and I haven't mentioned that laying down sometimes helps me get relief. I have an appointment with a neurologist 1/11, so I will mention it to him then. They are also testing me for cervical radiculapothy.

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