Migraine Increase Denied. Suggestions Please.

[K9MAL]

I was originally awarded 30% in 2002 for tension headaches with features of migraines. I've been seeing a VA neurologist for the past year and a half and my headaches have gotten progressively worse, this is documented in my VA medical records.

I had to quit my job due to absences and the inability to travel as frequently as the job necessitated. I decided to apply for Ch. 31 educational benefits and was approved due to service connected disabilities requiring me to quit my job. I'm currently a "full-time student" but my schedule is quite minimal. Tuesday I have 3 classes throughout the day and I have 1 morning class on Wednesday and Thursday, that's it.

I know that the frequency and the severity of my headaches meets the standard for 50% under the rating code. However, the response from the VA was as follows:

We reviewed the evidence received and determined your service-connected condition hasn't increased in severity sufficiently to warrant a higher evaluation. Records show you have maintained employment and are now a full time student. The records and your statements do not support a finding of severe economic in adaptability due to headaches.

Is this worth filing a NOD? Is the fact that I'm attending classes going to result in me being denied again or is it worth pursuing? If I provide my limited school schedule and the records from my neuro would this suffice? Not sure if this is worth pursuing or not and would appreciate advice from the experts here at hadit.

Thank you!

[Navy04]

I don't think you have a good fight. The VA takes into account the fact that you are working and in school. My 30% Migraines is going to go up to 50% soon, but I have 31 injections every three months, have to get them next Tuesday, I take strong Meds for Migraines, and I go once a week to have Electrical Pulses placed on my head, and none of it has worked. I stopped working last Oct, withdrew from my PHD program, and just got SSDI in less than 3 months. You can always fight it, but I don't think that it will go in your favor. God Bless and good luck

[K9MAL]

I don't think you have a good fight. The VA takes into account the fact that you are working and in school. My 30% Migraines is going to go up to 50% soon, but I have 31 injections every three months, have to get them next Tuesday, I take strong Meds for Migraines, and I go once a week to have Electrical Pulses placed on my head, and none of it has worked. I stopped working last Oct, withdrew from my PHD program, and just got SSDI in less than 3 months. You can always fight it, but I don't think that it will go in your favor. God Bless and good luck

Thanks, that's kinda what I was thinking. I may pursue it further at a later date but right now I think I'll let sleeping dogs lie.

My neuro said the next step for me is to do the cranial Botox injections as well. I sincerely hope that you get some relief, migraines are horrible. Take care and God Bless you as well.

[retiredat44]

I just had a c&p, and the va doctor got all over me because I won a claim for headaches and got 50%. 20 years later this c&p exam the examining doctor trashed me badly asking why I had not been seeking headache treatments since then... I had to defend why I had not been treated lately. I said that I am fighting for my life with pancreas disease, and also the doctors told me they could not help... I am overwhelmed with fighting for my life and only take over the counter meds for the headaches. Also, I take a lot of morphine, and it helps a little bit, the side effects for the morphine for the pancreas disease. Anyways, this doctor was all over me because I didn't pursue any more help for headaches. I was ambushed!

What can I do, fighting for my life with more diseases!

Edited April 19, 2014 by retiredat44

[TiredCoastie]

I was originally awarded 30% in 2002 for tension headaches with features of migraines. I've been seeing a VA neurologist for the past year and a half and my headaches have gotten progressively worse, this is documented in my VA medical records.

I had to quit my job due to absences and the inability to travel as frequently as the job necessitated. I decided to apply for Ch. 31 educational benefits and was approved due to service connected disabilities requiring me to quit my job. I'm currently a "full-time student" but my schedule is quite minimal. Tuesday I have 3 classes throughout the day and I have 1 morning class on Wednesday and Thursday, that's it.

I know that the frequency and the severity of my headaches meets the standard for 50% under the rating code. However, the response from the VA was as follows:

We reviewed the evidence received and determined your service-connected condition hasn't increased in severity sufficiently to warrant a higher evaluation. Records show you have maintained employment and are now a full time student. The records and your statements do not support a finding of severe economic in adaptability due to headaches.

Is this worth filing a NOD? Is the fact that I'm attending classes going to result in me being denied again or is it worth pursuing? If I provide my limited school schedule and the records from my neuro would this suffice? Not sure if this is worth pursuing or not and would appreciate advice from the experts here at hadit.

Thank you!

I'm in the same boat you are and am in the process of compiling the information and getting past a family crisis to be able to file a NOD for a similar decision. My rating for migraines was just increased from SC & 0% to 30%. In my case, I have no employment or education to document, and my neuro already made an unemployability statement on the DBQ. I had to turn down a couple of job offers due to TIAs and migraines. I get hammered by migraines between 2 and 5 days a month, on average, and without warning.

I respectfully disagree with Navy04 and think you should give it a try. Meghd suggested getting the neuro to make a statement with the language "very frequent migraine headaches with severe economic impacts." If the doctor says you can't work, then that's a huge statement in your favor. My concern for you is whether or not a VA doc will give you such a statement. If you have outside health insurance, this is the time to use it.

Another factor which could help you is to show how often you cannot complete assignments or attend classes due to migraines. Can you get a statement from a teacher/professor or two? Someone within the school's administration? It always seems best to get proof in writing from someone else.

I wouldn't give up on this.

[K9MAL]

My concern for you is whether or not a VA doc will give you such a statement. If you have outside health insurance, this is the time to use it.

Another factor which could help you is to show how often you cannot complete assignments or attend classes due to migraines. Can you get a statement from a teacher/professor or two? Someone within the school's administration? It always seems best to get proof in writing from someone else.

I wouldn't give up on this.

Currently I only have insurance through the VA. I'll definitely look into it further and see if I can't pursue this to the maximum extent. Thanks for your advice and suggestions.

[TiredCoastie]

Currently I only have insurance through the VA. I'll definitely look into it further and see if I can't pursue this to the maximum extent. Thanks for your advice and suggestions.

You're welcome. Hope and pray it works out for you. Do the best you can. The only sure defeat is the battle you choose not to fight.