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Cpap Tremors And Depression


MKIII87Turbo

Question

I'm at 80% disability for chronic migraines, knee replacement, carpal tunnel L/R, kidney problems, and back problems. Probably missing some too. The last few months I've been going to th VA to get my back, migraines and carpal tunnel rechecked due to increase in pain. I have a few questions.

I was diagnosed with depression for the pain I'm in, 6-10 everyday. I'm not on medication for it but attend classes.

I was put on the CPAP machine due to my weight I would assume. The neurologis says weigh gain is from the Depakote I take everyday for the migraines.

I was diagnosed with tremors caused by the Depakote I take for the migraines.

I would think these are secondary to my main problems. Should I claim them? Is there set % for them or does it vary?

Since my new findings are with the VA system, will I need to get copies of my records when submitting for reevaluation/new submissions for a higher rating? Or do they have access to the medical records.

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Definitely send copies of all medical records (return receipt) pertaining to any medical issues you are claiming with your claim form to your RO. Although they have access to your medical records, NEVER think for one minute that they will automaticly do anything to advance your claim. I can't give you an answer on the percentages you ask about.

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  • HadIt.com Elder

You know depakote is for seizures. It is used off label for bipolar and other conditions. I took it and got lost on local highways. It is usually used for mania in the bipolar realm. Neurontin, topomax and lyrica are all seizure meds that are used off label by the VA. If you are on CPAP it is because you have sleep apnea. If doctor will say that VA meds caused weight gain which caused apnea you have a good claim.

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  • HadIt.com Elder

If you are 80% and attend classes the VA is paying for, good for you! If you were not, you might consider applying for TDIU (100%)

I'm at 80% disability for chronic migraines, knee replacement, carpal tunnel L/R, kidney problems, and back problems. Probably missing some too. The last few months I've been going to th VA to get my back, migraines and carpal tunnel rechecked due to increase in pain. I have a few questions.

I was diagnosed with depression for the pain I'm in, 6-10 everyday. I'm not on medication for it but attend classes.

I was put on the CPAP machine due to my weight I would assume. The neurologis says weigh gain is from the Depakote I take everyday for the migraines.

I was diagnosed with tremors caused by the Depakote I take for the migraines.

I would think these are secondary to my main problems. Should I claim them? Is there set % for them or does it vary?

Since my new findings are with the VA system, will I need to get copies of my records when submitting for reevaluation/new submissions for a higher rating? Or do they have access to the medical records.

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Yup, we spent about 10 minutes talking about Depakote. It is for chronic migraines as a preventative med. I tried the triptozan(sp) stuff for immediate relief but the migraines just laugh at it. Amazingly I don't have any one sympton that is 40% at this moment so can't apply for the TDIU. I'm also working on getting some of my main ones upgraded. (migraines/back) Thanks for the replies so far.

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I am 50% for migraines, take Depakote and Gabapentin (Neurontin). I've had trouble maintaining weight and with tremmors. I don't know if there's documentation, but support your concern.

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  • HadIt.com Elder

I found this out the hard way but confirmed many times. If you have any type of Medical Problem that will not go away you will probably have depression. Some worse than others but battleing depression is part of the price for being disabled.

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  • HadIt.com Elder

If you have sleep apnea and you are not getting really good sleep this will cause depression. My psychologist told me this as did my sleep doctor. If you have any kind of chronic pain condition depression goes hand-in-hand with that problem. Medical problems that restrict your activites often cause depression. The meds you take for these problems also often cause depression. I am taking 90 mg of Cymbalta. This helps offset some of the narcotics I am taking. Pain meds often cause depression.

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I'm at 80% disability for chronic migraines, knee replacement, carpal tunnel L/R, kidney problems, and back problems. Probably missing some too. The last few months I've been going to th VA to get my back, migraines and carpal tunnel rechecked due to increase in pain. I have a few questions.

I was diagnosed with depression for the pain I'm in, 6-10 everyday. I'm not on medication for it but attend classes.

I was put on the CPAP machine due to my weight I would assume. The neurologis says weigh gain is from the Depakote I take everyday for the migraines.

I was diagnosed with tremors caused by the Depakote I take for the migraines.

I would think these are secondary to my main problems. Should I claim them? Is there set % for them or does it vary?

Since my new findings are with the VA system, will I need to get copies of my records when submitting for reevaluation/new submissions for a higher rating? Or do they have access to the medical records.

All diagnosis needs to be written by a medical professional.

Any issue that falls under mental health needs to be written by a mental health professional.

The diagnosis and nexus (cause of XYZ diagnosis) needs to be done by the same.

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Amazingly I don't have any one sympton that is 40% at this moment so can't apply for the TDIU. I'm also working on getting some of my main ones upgraded. (migraines/back) Thanks for the replies so far.

It would help others - help you if you can post exactly what conditions

are SC'd and what percentage for each condition.

You can file a 21-8940 (IU form) at ANY time - whether or not it gets

granted is a different story : - ) There's always 4.16b but it's rarely flys, IMO.

Anyways, you may in-fact already meet some of the criteria under 4.16a -

see below.

http://www.ecfr.gov/cgi-bin/text-idx?c=ecfr&SID=46a5e6708f2e0e24e8b7415bea31383d&rgn=div8&view=text&node=38:1.0.1.1.5.1.98.11&idno=38

4.16 Total disability ratings for compensation based on unemployability of the individual.

(a) Total disability ratings for compensation may be assigned, where the schedular rating is less than total, when the disabled person is, in the judgment of the rating agency, unable to secure or follow a substantially gainful occupation as a result of service-connected disabilities:

Provided That, if there is only one such disability, this disability shall be ratable at 60 percent or more, and that, if there are two or more disabilities, there shall be at least one disability ratable at 40 percent or more, and sufficient additional disability to bring the combined rating to 70 percent or more.

For the above purpose of one 60 percent disability, or one 40 percent disability in combination, the following will be considered as one disability:

(1) Disabilities of one or both upper extremities, or of one or both lower extremities, including the bilateral factor, if applicable,

(2) disabilities resulting from common etiology or a single accident,

(3) disabilities affecting a single body system, e.g. orthopedic, digestive, respiratory, cardiovascular-renal, neuropsychiatric,

(4) multiple injuries incurred in action, or

(5) multiple disabilities incurred as a prisoner of war. It is provided further that the existence or degree of nonservice-connected disabilities or previous unemployability status will be disregarded where the percentages referred to in this paragraph for the service-connected disability or disabilities are met and in the judgment of the rating agency such service-connected disabilities render the veteran unemployable.

Marginal employment shall not be considered substantially gainful employment.

For purposes of this section, marginal employment generally shall be deemed to exist when a veteran's earned annual income does not exceed the amount established by the U.S. Department of Commerce, Bureau of the Census, as the poverty threshold for one person.

Marginal employment may also be held to exist, on a facts found basis (includes but is not limited to employment in a protected environment such as a family business or sheltered workshop), when earned annual income exceeds the poverty threshold. Consideration shall be given in all claims to the nature of the employment and the reason for termination.

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