Cue Claim- Medically Discharged & Claim Denied

[KevinMJ23]

I was medically discharged from the military in 1997 due to migraines and upon leaving was given a combination of severance & disability lump sum payment. I filed a VA claim a few years later (2002 or 2003) for migraines and it was denied. I did not appeal that decision.

I reopened the claim as instructed during 1/2010 the claim was approved at a 50% rating by 3/2010. I was surprised the second time around it was a very speedy process and took less than 3 months. Basically at the appointment in 3/2010 the VA Doctor examining me stated the original claim was denied with a comment stating I said I had migraines upon enlisting during MEPS. I told the VA doctor that was not true the question was do you have headaches and my response was yes and that headaches are very different than migraines. I was essentially approved for disability before walking out of that appointment.

I recently requested my military records via e-benefits and there is no mention during MEPS of migraines or headaches on any of my enlistment paperwork. There is however substantial medical documentation during service of migraines leading to restricted duty and eventually medical discharge.

I'm not sure how to get a copy of my original claim denial and what to look for in case there was a possible error during the original claim denial. Can anyone assist?

[Shyne-I]

I was medically discharged from the military in 1997 due to migraines and upon leaving was given a combination of severance & disability lump sum payment. I filed a VA claim a few years later (2002 or 2003) for migraines and it was denied. I did not appeal that decision.

I reopened the claim as instructed during 1/2010 the claim was approved at a 50% rating by 3/2010. I was surprised the second time around it was a very speedy process and took less than 3 months. Basically at the appointment in 3/2010 the VA Doctor examining me stated the original claim was denied with a comment stating I said I had migraines upon enlisting during MEPS. I told the VA doctor that was not true the question was do you have headaches and my response was yes and that headaches are very different than migraines. I was essentially approved for disability before walking out of that appointment.

I recently requested my military records via e-benefits and there is no mention during MEPS of migraines or headaches on any of my enlistment paperwork. There is however substantial medical documentation during service of migraines leading to restricted duty and eventually medical discharge.

I'm not sure how to get a copy of my original claim denial and what to look for in case there was a possible error during the original claim denial. Can anyone assist?

Hello Kevin,

Did you request a copy of your claims folder from your RO? It should have all of your military treatment records and everything related to your past claims including your SOC. Maybe someone else will chime in.

Shyne-I

[Berta]

Shyne is right. The older decision should be in there.

"I was medically discharged from the military in 1997 due to migraines and upon leaving was given a combination of severance & disability lump sum payment. I filed a VA claim a few years later (2002 or 2003) for migraines and it was denied. I did not appeal that decision."

If the C file does not hold the MEB PEB stuff, do you still have copies of it?

Did the VA obtain the Mil MEB/PEB stuff and use it as evidence in the older award?

Do you also have a complete copy of your VA med recs?

[jbasser]

If the VA does not have the MEB then you can use 3.156 to get retro back to the original claim date.

[Navy04]

Jbasser,

Always finds the great info to throw at you bud. Look into your case as to when you left the Military. I was Medically Retired last year, and at times, I feel like the VA does not know much about the MEB/PEB process. Good luck and keep us posted.

[KevinMJ23]

I do not have a copy of the original denial but I will reach out to the regional office and request it.

I do have a copy of the 2010 decision. The 2010 decision states Decision: "Evaluation of migraine headaches, which is currently 0 percent disabling, is increased to 50 percent effective January 7, 2010".

Evidence:

Service treatment records from 4/41994 to 11/12/1997

VA examination 3/10/2010

Progress notes family dr 9/15/1999 to 1/26/2010

In this reasons for decision it does not mention any narrative about my service treatment records. However on my report of medical history upon discharge there is a note which reads "migraines w/o aurora diagnosed by neurologist then a neurologists name is mentioned. Dated 5/1997. There is then narrative on the decision letter that reads "VA examiner stated probable migraine headaches w/o aurora...... You have not seen a neurologist or specialist in an attempt to handle your headaches". Since there is a likelihood of improvement, the assigned evaluation is not considered permanent.

It seems odd that there is no narrative of my military medical records including the diagnosis of migraines w/o aura by the military neurologist and that the va examiner would state "probable" when a military neurologist previously diagnosed which led to my discharge. I know I was never evaluated or sent to the VA Center for an exam when I originally filed years ago which I thought was odd.

I know I'm probably rambling on so once I get a copy of the original claim where it was denied, what should I look for specifically in their decision?