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Migraine Increase Denied. Suggestions Please.


K9MAL

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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!

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I recently received my letter of denial for increase on the grounds that I needed to have more than one prostating migraine in 2 months and even though my VA medical records never mentioned the word prostrating the Neurologist does say on multiply time that thr patient is unable to work during attacks and he has also stated that I needed to lye down in a dark room. I have become a test dummy for the Neurology because I have been on multiple medications and have failed therapy but I still try. My attacks can be from 2-5 headaches a mont with each one lasting at least 2 days the only reason I haven't lost my job is that the neurologist filled out a Family Medical leave paper which allow me to miss periods at work without being fired but believe me my job is ready to dismiss me if they can find the loophole. With everything in my medical records I thought I would at least get 30%. Can anyone help me understand what to do? At the C&P the ARNP asked me all the questions and said that she could only write what was in my doctor notes the only thing I could think is that she read the resident notes without reading the attending notes. Please help?

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ArmygirlRJ

I recently received my letter of denial for increase on the grounds that I needed to have more than one prostating migraine in 2 months and even though my VA medical records never mentioned the word prostrating the Neurologist does say on multiply time that thr patient is unable to work during attacks and he has also stated that I needed to lye down in a dark room. I have become a test dummy for the Neurology because I have been on multiple medications and have failed therapy but I still try. My attacks can be from 2-5 headaches a mont with each one lasting at least 2 days the only reason I haven't lost my job is that the neurologist filled out a Family Medical leave paper which allow me to miss periods at work without being fired but believe me my job is ready to dismiss me if they can find the loophole. With everything in my medical records I thought I would at least get 30%. Can anyone help me understand what to do? At the C&P the ARNP asked me all the questions and said that she could only write what was in my doctor notes the only thing I could think is that she read the resident notes without reading the attending notes. Please help?

Armnygirl, have you asked your neurologist to fill out a DBQ on headaches/migraines. If not since you just received your rating decision, you can ask VA for a reconsideration once you get the DBQ from your doctor but remember you have one(1) year to file a NOD (Notice of Disagreement).

http://www.vba.va.gov/pubs/forms/VBA-21-0960C-8-ARE.pdf

Sorry wrong DBQ

Edited by pete992
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When I asked the Neurologist about filling out the DBQ he stated that he doesn't fill that out that it is up to the rating board to decide. I have already filed the NOD with the hopes that someone would actually review my medical records this time.

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Good morning,

Not sure if you still look through this messages.

I was initially denied for my migraines, and submitted an appeal. My Appeal is at the Board of Veterans Appeal waiting to be reviewed. I received the notice on the certification, dated July 2017.

I am very concern, and worried. Because my migraines has prevent me from doing many stuff.

I just want my appeal to get approved and get this over with but I'm afraid they would deny it. I've taken Yoga, Acupuncture, I see VA Neurologist twice a year and I go to Bio reference treatment for migraines twice a month. I've also seen a Mental Health doctor due to Depression related to my migraines. I'm so anxious for this to be over, I just want to get the compensation I deserve. :-(

 

Please help me with any advice or tips you might have

Edited by SGT Lesly
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