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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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    • Howdy all,

      The VA DRO denied my claim for an earlier effective date for my sleep apnea. They originally denied it in 2008 but granted it in Nov 2019 secondary to my GERD. I was rated for GERD in 2001. So I had it in 2008. I have attached the 2008 denial, 2018 approval, and the NOD SOC. All of my medical files and the medical articles and VA Citations referenced were in existence in or before Jan 2008. The only new items were the NEXUS letter from Dr Bash and a few extra buddy letters. The original denial states that my medical records show no diagnosis or treatment and only isolated complaints of symptoms. The denial does not even list my wife's or my lay statements as evidence reviewed. I have symptoms listed numerous times in my SMRs:

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      k. Physical exam dated 29 Sep 99 listed frequent/severe headaches.

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misterdj13

Tbi With Migraines

Question

Hello, I am 30 % service connected ( cervical and pelvis ) injuries. I was involved in an accident where a tree hit me in the back of the head, I have had migraines ever since. The accident was in 1989. I have been seeing the VA ever since. They have been treating my migraines along with associated symptoms of the neck/head pain. My question is how do I file? Do I file for TBI or Migraines? I have heard horror stories of people filing for TBI and being denied but they get SC for Migraines at 10%, or they file for Migraines and if granted get like 50%.

I just want to do it right the first time. I have all my VA records along with all my private records from Neurolgist, Psychiatrist etc.

Thanks

Gary

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I was given 70 for my TBI  0 for my migraines 30 for my dizziness 30 for scars I  don't know how they decide it 10 broken hip 

Edited by jfrei

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Welcome to Hadit

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Welcome to Hadit.

You didn't really mention any TBI symptoms or concerns other than the migraines in your post so I can't guess if you should file for TBI.

If you have a TBI diagnoses, you can be rated for TBI and the migraines can either be included in the rating as a residual of TBI or you can have a seperate rating under the migraine DX code. The rating criteria for TBI is complicated in this regard.

If you do not have a TBI diagnoses with residuals(other than the migraines) you can file for migraines.

In most cases, I feel it is more benifitial to have the seperate migraine rating. You would simply file a claim for the migraines. I can't say for sure, in your case, without knowing if you have a TBI diagnoses and other residuals.

Hope that helps.

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Hiya,

I was given 0% TBI and 30% headaches secondary. My tbi was well documented though so you may have more trouble?

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My understanding of your post is that:

on active duty there was an accident of some sort -

you began having migraines and have supporting medical evidence

showing continuity of care from VA medical providers.

So, if your VA medical provider or private provider (especially a neuro doc)

will review you SMR's,

provide a current diagnosis of migraines

and relate your current migraines (with full medical rationale)

to the accident in service,

it looks like a fairly clean claim to me.

I would not muddy it up with a TBI issue unless you have medical records

showing at least a concussion or post concussion syndrome at that time.

The regs for percentage evaluation for migraines is DC 8100.

http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=dc6844ce0bf02be52052f355d2d6b9a8&rgn=div8&view=text&node=38:1.0.1.1.5.2.110.67&idno=38

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    • Howdy all,

      The VA DRO denied my claim for an earlier effective date for my sleep apnea. They originally denied it in 2008 but granted it in Nov 2019 secondary to my GERD. I was rated for GERD in 2001. So I had it in 2008. I have attached the 2008 denial, 2018 approval, and the NOD SOC. All of my medical files and the medical articles and VA Citations referenced were in existence in or before Jan 2008. The only new items were the NEXUS letter from Dr Bash and a few extra buddy letters. The original denial states that my medical records show no diagnosis or treatment and only isolated complaints of symptoms. The denial does not even list my wife's or my lay statements as evidence reviewed. I have symptoms listed numerous times in my SMRs:

      a. Medical visit dated 24 Feb 76 for problem sleeping and depression.
      b. Physical exam dated 24 Jan 79 listed frequent/severe headaches" dizziness, and
      nervousness.
      c. Physical exam dated 07 Nov 83 listed frequent/severe headaches.
      d. Physical exam dated 16 Jan 85 listed frequent/severe headaches.
      e. Admitted to hospital 05 Aug 86 for chest pains and anxiety.
      f. Medical visit dated 14 Jul 87 for problem sleeping and morning confusion.
      g. Physical exam dated 25 Feb 88 listed dizziness.
      h. Physical exam dated 07 Oct 91 listed frequent/severe headaches
      i. Physical exam dated 25 Aug 93 listed headache.
      j. Hernia repair surgery dated 22 Ang 94 surgeon had to insert devices of some
      kind in each of my nostrils that went down into my throat to keep rny airway
      open and stop my disruptive snoring.
      k. Physical exam dated 29 Sep 99 listed frequent/severe headaches.

      So could you all take a look and let me know what you think.

      Redacted VA NOD SOC 04-09-2020.pdf
      VA 2008 Denial of OSA Redacted.pdf
      VA Claim Decision Ltr 08 Nov 2018 Redacted.PDF
      • 3 replies
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