cervical strain Bva Hearing 11/13 Headaches

[mags1023]

I have my Video Conference hearing on Tuesday 11/13 at Bay Pines, so I will fill all in on how the proceedings go.

One of the issues I have on appeal is headaches and I got a letter from my doctor that states:

His headaches have a significant vascular component, although they are not classic migraine. He also gives history of at least 2 motor vehicle accidents where he sustained severe cervical strain and possible concussion. In my opinion his vascular headaches are being driven by his suboccipital neuritis by way of trauma.

Both of my auto accidents were while I was on active duty and I am hoping this is enough of a nexus for the VA to service connect me for my headaches secondary to my cervical spine condition. What do the experts on hadit think???

Edited November 9, 2012 by mags1023 (see edit history)

[carlie]

It's possible and hopefully goes in your favor.

Do you have a rep that is going to attend with you ?

[mags1023]

Hi Carlie and thanks for responding. Yes,I have Bosely and Bratch as my rep and the attorney in the St Pete area seems very knowledgeable. I am just getting nervous, because I have waited so long and just hope I have enough evidence to convince the Judge. The C&P examiners have all tried to say my headaches are not caused by my cervical spine problems, but it is obvious because I started getting them right after my condition got worse. I even received an increase on my condition from 10% to 30% due to a decrease in my ROM.

[carlie]

mags,

I have put both of your post in this thread together

to try and help out.

I have my Video Conference hearing on Tuesday 11/13 at Bay Pines, so I will fill all in on how the proceedings go.

One of the issues I have on appeal is headaches and I got a letter from my doctor that states:

His headaches have a significant vascular component, although they are not classic migraine. He also gives history of at least 2 motor vehicle accidents where he sustained severe cervical strain and possible concussion. In my opinion his vascular headaches are being driven by his suboccipital neuritis by way of trauma.

I wish letter stated something to the effect of,

It is my medical opinion that the patient has headaches which are at least as likely as not, secondary to his service connected cervical condition.

My medical opinion on XYZ (that shows medical rationale as to how/why

they are connected - related as secondary).

It is my opinion that these headaches the impact the patient's life by

XXXXXXXX

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

Both of my auto accidents were while I was on active duty and I am hoping this is enough of a nexus for the VA to service connect me for my headaches secondary to my cervical spine condition. What do the experts on hadit think???

Weren't the active duty auto accidents factored into the decision

that SC'd your cervical condition.

For a claim for secondary,the nexus would not be the auto accidents -

the nexus would be medical rationale to support the HA's as a secondary condition

related to the already SC'd condition.

I believe the evidence of the active duty auto accidents would be used under a

claim for direct SC of your HA's.

Hi Carlie and thanks for responding. Yes,I have Bosely and Bratch as my rep and the attorney in the St Pete area seems very knowledgeable. I am just getting nervous, because I have waited so long and just hope I have enough evidence to convince the Judge.

The C&P examiners have all tried to say my headaches are not caused by my cervical spine problems, but it is obvious because I started getting them right after my condition got worse. I even received an increase on my condition from 10% to 30% due to a decrease in my ROM.

What did the C&P examiners state was the reason/s for your HA's ?

Did the decision that increased your cervical from 10% to 30% mention

ANYTHING about HA's in the Reasons and Bases Section ?

carlie

[john999]

I wish the IMO spelled out all the connections to service in simple and direct language. You can't assume the VA will make these connections. You have to have your doctor dot all the I's and cross all the T's.

[mags1023]

Sorry it took until now to post, but I just got back from Tampa. Thanks to all for the comments. Yes, I presented my Dr. with a letter that stated all that John and Carlie pointed out and hoped he would sign it, but he just provided me with the letter I quoted here. I think it was enough, but we'll have to wait and see.

Now on to the board. I was scheduled in the afternoon of the 13th (1230) and my letter stated that it could take several hours as they had many scheduled for that afternoon. My lawyer and I met in the cafeteria at the Bay Pines Regional facility at 1115. We signed in at the office that took care of appeals and told them we would be in the cafeteria. To my surprise and pleasure, the Bay Pines rep came by our table at about 1200 and said we were next and that we could go in to the holding room right next to the Video Conference room. We were in session at about 1220. The Video conference room was set up nicely with a large screen and the judge is the only person you can see on the other side. It was like watching TV only you got to talk back to it.The administrative Judge was very pleasant as we presented my case. My lawyer (Dan Smith), who works for Bosley and Bratch, did a great job of presenting my evidence and prompting my testimony. The Judge seemed very engaged and she said she would ask her questions after we completed my case. My wife was also in the hearing room and she testified on my behalf. Once we completed, the Judge only asked me a couple of questions, but they were very specific and I feel like she believed we had proven that my back should be service connected and that my headaches are secondary to my cervical spine condition. She stated that it could still be several months until I receive a decision. We were out of there just before 1300.

I was a little nervous going in to the hearing, but felt comfortable after the first couple of minutes. My lawyer did tell me that the Judge was one of the most congenial he had seen and that some of them are very contentious. I guess I was lucky, now I just hope to get good news when the decision is rendered. Overall, I would say if you are going to a board, have all your evidence lined up. I highly recommend representation and I am very glad I hired Bosley and Bratch to represent me. They have supported me all the way through the process and they don't know if they will receive a dime. I truly feel that they are not concerned with the money aspect and are there for the Vets! I'll update this when I receive my decision. Please feel free to ask me any questions you might have.

[carlie]

mags,

Sounds like a good video hearing.

If you want to check out some of the judge's prior decisions

you can do a fairly simple search at the link below.

My guesstimate is you will hear some answers in between

3-12 months.

http://www.index.va.gov/search/va/bva.html