Just wondering if I made my point clear. I'm hoping for an increase, guess I'll have to wait and see.
Thanks
Veteran received a rating decision dated 26 JULY 2011. Veteran disagrees with the 30% award for chronic migraine headaches and the 0% rating for exotropia with poor convergence, visual tracking and ocular alignment due to traumatic brain injury. Veteran requests a Decision Review Officer (DRO) reconsideration for the maximum allowed by law. Please consider this letter to be an official "Notice of Disagreement" (NOD).
Reasons
Chronic migraine headaches- C&P exam 04 and 24 May 2011 shows complaints of headaches 2 to 3 times per week lasting several hours to 2 or 3 days with the episodes incapacitating 10 hours per week. Veteran currently takes at least 4 different medications for this condition. Title code 38 of the Code of Federal Regulations assigns a 50% rating when migraine headaches are very frequent and completely prostrating.
Veteran experiences chronic headaches 2 to 3 times per week lasting up to several days since Aug 1993 (reference members service medical records) this qualifies as very frequent. C&P exam states veteran is incapacitated 10 hours per week. While the C&P exam does not use the word "Prostrating" (uses incapacitating), veteran is unable to perform assigned duties and meets the criteria of prostrating. Veteran current works as a fire inspector and is assigned a permanent bed (fire dept bunk). This fire dept bunk is used when the member does not go home sick or is unable to function. If it was not for this specialty job, it would very difficult the veteran to keep and maintain gainful employment.
Exotropia with poor convergence, visual tracking and ocular alignment due to traumatic brain injury-
This disability is not specifically listed in the rating schedule, therefore, it is rated analogous to a disability in which not only the function affected, but anatomical localization and symptoms are closely related.
C&P exam 24 May 2011 states exotropia with poor convergence, visual tracking and ocular alignment is directly related to veterans traumatic brain injury (TBI). Title code 38 of the Code of Federal Regulations states a higher rating will be assigned if there is visual impairment due to this condition.
Please review veterans service medical records. Veteran's chronic symptoms include blurred vision, double vision, inability/problems reading, occasional vision loss and photophobia.
Question
Rob m
Just wondering if I made my point clear. I'm hoping for an increase, guess I'll have to wait and see.
Thanks
Veteran received a rating decision dated 26 JULY 2011. Veteran disagrees with the 30% award for chronic migraine headaches and the 0% rating for exotropia with poor convergence, visual tracking and ocular alignment due to traumatic brain injury. Veteran requests a Decision Review Officer (DRO) reconsideration for the maximum allowed by law. Please consider this letter to be an official "Notice of Disagreement" (NOD).
Reasons
Chronic migraine headaches- C&P exam 04 and 24 May 2011 shows complaints of headaches 2 to 3 times per week lasting several hours to 2 or 3 days with the episodes incapacitating 10 hours per week. Veteran currently takes at least 4 different medications for this condition. Title code 38 of the Code of Federal Regulations assigns a 50% rating when migraine headaches are very frequent and completely prostrating.
Veteran experiences chronic headaches 2 to 3 times per week lasting up to several days since Aug 1993 (reference members service medical records) this qualifies as very frequent. C&P exam states veteran is incapacitated 10 hours per week. While the C&P exam does not use the word "Prostrating" (uses incapacitating), veteran is unable to perform assigned duties and meets the criteria of prostrating. Veteran current works as a fire inspector and is assigned a permanent bed (fire dept bunk). This fire dept bunk is used when the member does not go home sick or is unable to function. If it was not for this specialty job, it would very difficult the veteran to keep and maintain gainful employment.
Exotropia with poor convergence, visual tracking and ocular alignment due to traumatic brain injury-
This disability is not specifically listed in the rating schedule, therefore, it is rated analogous to a disability in which not only the function affected, but anatomical localization and symptoms are closely related.
C&P exam 24 May 2011 states exotropia with poor convergence, visual tracking and ocular alignment is directly related to veterans traumatic brain injury (TBI). Title code 38 of the Code of Federal Regulations states a higher rating will be assigned if there is visual impairment due to this condition.
Please review veterans service medical records. Veteran's chronic symptoms include blurred vision, double vision, inability/problems reading, occasional vision loss and photophobia.
Please reconsider previous ratings
Thank You
Edited by Rob mLink to comment
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