One Condition Granted, Two Denied. Please Help!

[gossjl04]

Hi everybody,

I finally received my decsion from the VA. One condition was granted, two were not. Does anybody have time to read through and offer any insight or assistance? I am a National Guard Combat Engineer Sergeant and my only active duty time was 2010 for basic training, however, I've been to many military schools.

Condition 1: (Granted 20%) Right Rotator Cuff Arthropathy after 2 different AC seperations.

Condtion 2: (Denied) Tinea Versicolor. There was no doubt about whether or not I have Tinea Versicolor. It's a fungal rash and covers my entire back, ribs, chest, and arms. However, it was denied service connection because they said that there was no evidence of a link between my rash and an in-service event or injury. I got this rash last June at Army Mountain Warfare School in Vermont. We were wet, sweaty, and hot. I went to the school sick-call and saw the head medic. He filled out a "Standard Form 600 Chronological Record of medical Care' stating that I had a heat rash / dermatitis on my back, arms, and legs. He didnt know what it was, just described it as red, irritated skin.

So I submitted this form from the medic, and also a statement from myself saying what/where/when this happened and first began. I submitted this condition and the condition below together via the Fully Developed Claim, and due to the limitation of number of files that could be submitted, everything was combined together, so I'm thinking that maybe they missed these papers because they were in the middle of the stack. I think this because in my denial letter, they do not list it as being received or used in considering this condition. Like I said at the top, I am a national guard soldier, so I wouldn't have any active duty evidence for this claim, just this sick call form from the Army Mountain Warfare School. Should this be enough? Does it matter that I'm a national guard soldier and this occured while I was on active duty orders? Should I submit my email with my Orders to report to this school from June 1 through June 14?

Condtion 3: (Denied) Migraine Headaches. I get terrible, terrible, migraine headaches. The kind that make you throw up. I get normally 4 of these per month on average, and smaller less severe headaches several times per week. Anyways, I never used to get headaches like this. I first got my very, very severe migraine while on Inactive Duty Training in another state for our annual summer training. We had drove 14 hours and it was very hot. I was standing outside up out of the hatch of our Stryker vehicle, breathing in deisel fumes the entire day. Anyways, I woke up with a terrible headache, that spiraled out of control. I vomited / dry heaved probably 80 times before an ambulance took me to the nearby civilian hospital. They performed imaging on my head and gave me a lumbar puncture (spinal tap) because they thought that I had menigitis. Ever since then, i've gotten headaches / migraines very frequently.

They state that even though I submitted treatment records and a line-of-duty determination showing that I received treatment, it is noted that this occurred during a period of inactive duty for training (IDT) and according to VA Rules and regulations, in order for a period of IDT to be considered active service, one of the requirements is that an injury must be directly inccurred during the period of inactive duty for training and 'migraine headaches are not considered an injury for this purpose'. They don't list recieving my statement describing the situtaiton and how I get migraines / headaches very frequently now, just the medical evidence, Line-of-duty determination, etc.

My doctor told me that once you get a very severe migraine, it makes you more susceptible to getting more migraines. The doctor from the hospital said that it was likely caused by either severe dehydration, breathing in the diesel fumes, or a combination of the two.

What do you guys think? Do I have a case for this one?

Thank you so much for any help / guidance!

[carlie]

JMHO - but I think the migraines are a dead issue for VBA compensation purposes.

Again - jmho.

[gossjl04]

Thanks Carlie. Can you explain your reasoning? I would agree with you if I had a history of migraines and it was just a normal migraine that I got that day, however, I was admitted, given multiple injections of dilaudid, and a spinal tap. Then, ever since, I get 4-5 headaches every week with one of them being severe and causing me to vomit. So that severe dehydration / constant breathing of engine fumes caused that initial very severe migraine, and ever since, I've had this condition.

[carlie]

Hi everybody,

I finally received my decsion from the VA. One condition was granted, two were not. Does anybody have time to read through and offer any insight or assistance? I am a National Guard Combat Engineer Sergeant and my only active duty time was 2010 for basic training, however, I've been to many military schools.

Condition 1: (Granted 20%) Right Rotator Cuff Arthropathy after 2 different AC seperations.

Condtion 2: (Denied) Tinea Versicolor. There was no doubt about whether or not I have Tinea Versicolor. It's a fungal rash and covers my entire back, ribs, chest, and arms. However, it was denied service connection because they said that there was no evidence of a link between my rash and an in-service event or injury. I got this rash last June at Army Mountain Warfare School in Vermont. We were wet, sweaty, and hot. I went to the school sick-call and saw the head medic. He filled out a "Standard Form 600 Chronological Record of medical Care' stating that I had a heat rash / dermatitis on my back, arms, and legs. He didnt know what it was, just described it as red, irritated skin.

So I submitted this form from the medic, and also a statement from myself saying what/where/when this happened and first began. I submitted this condition and the condition below together via the Fully Developed Claim, and due to the limitation of number of files that could be submitted, everything was combined together, so I'm thinking that maybe they missed these papers because they were in the middle of the stack. I think this because in my denial letter, they do not list it as being received or used in considering this condition. Like I said at the top, I am a national guard soldier, so I wouldn't have any active duty evidence for this claim, just this sick call form from the Army Mountain Warfare School. Should this be enough? Does it matter that I'm a national guard soldier and this occured while I was on active duty orders? Should I submit my email with my Orders to report to this school from June 1 through June 14?

Condtion 3: (Denied) Migraine Headaches. I get terrible, terrible, migraine headaches. The kind that make you throw up. I get normally 4 of these per month on average, and smaller less severe headaches several times per week. Anyways, I never used to get headaches like this. I first got my very, very severe migraine while on Inactive Duty Training in another state for our annual summer training. We had drove 14 hours and it was very hot. I was standing outside up out of the hatch of our Stryker vehicle, breathing in deisel fumes the entire day. Anyways, I woke up with a terrible headache, that spiraled out of control. I vomited / dry heaved probably 80 times before an ambulance took me to the nearby civilian hospital. They performed imaging on my head and gave me a lumbar puncture (spinal tap) because they thought that I had menigitis. Ever since then, i've gotten headaches / migraines very frequently.

They state that even though I submitted treatment records and a line-of-duty determination showing that I received treatment, it is noted that this occurred during a period of inactive duty for training (IDT) and according to VA Rules and regulations, in order for a period of IDT to be considered active service, one of the requirements is that an injury must be directly inccurred during the period of inactive duty for training and 'migraine headaches are not considered an injury for this purpose'. They don't list recieving my statement describing the situtaiton and how I get migraines / headaches very frequently now, just the medical evidence, Line-of-duty determination, etc.

My doctor told me that once you get a very severe migraine, it makes you more susceptible to getting more migraines. The doctor from the hospital said that it was likely caused by either severe dehydration, breathing in the diesel fumes, or a combination of the two.

What do you guys think? Do I have a case for this one?

Thank you so much for any help / guidance!

The heat, dehydration and diesel fumes are long gone.

jmho

[gossjl04]

Thanks, I obviously know this. My doctor said that everytime you get a severe migraine, it makes you more susceptible to more migraines. Case in point: Me! My argument is this event caused my current condition of frequent headaches/migraines.

[71M10]

Has your doctor written a IMO/IME that discusses the medical evidence and cites the medical research on One migraine event possibly caused by dehydration or deisel fumes creating a chronic migraine condition? There is a difference from Migraine clusters that occur from a common chronic causation and an acute event that caused a migraine.

If you havent sent a copy of your orders for the rash? If you havent submit them now. Appeal the rash decision and point out the evidence did not list the "chronological report of medical care" form that was submitted on xx/xx/xxxx. Have you sent them a full copy of your medical records from your NG unit?

Best regards,

[carlie]

Thanks, I obviously know this. My doctor said that everytime you get a severe migraine, it makes you more susceptible to more migraines. Case in point: Me! My argument is this event caused my current condition of frequent headaches/migraines.

Well, if your doc has the right pedigree and has published or can refer to specific medical treaties

that support this and will put something in writing that the dehydration and diesel fumes are the cause of the

chronic headaches you have now - that would probably be of help.

Be sure to provide the doc with a copy of your smr/str's and that they put they have reviewed them

and connect the current headaches to xzy, dated XX/XX/XXXX as evidenced in smr's.