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!

[Valhalla0321]

I had Migraines and headaches since 1998, but recently persued getting headache service connected in year 2014. The rating was 30%, i am still at that percentage for migraines. I requested a increase because per CFR i realized that i should have been rated to 50%. For about 2 years, i have kept a daily headache log that i fill out everyday i have a migraine and then i send it to the DAV and upload it to the ebenefits site. My rating that got me to 30% it looks as if the VA only used 3 months of my then 18 month headache log.

To answer the question, it's based off of the VA referencing that i complained of headache after a head injury to front face, were i broke my front tooth, nose, and banged up my face. ( my SMR indicates that in the field, the xrays were down so i got shafted on any input to a TBI/concussion or anything else sustained. Only reference i had was when the DR. Filled out my chart and indicated minimum events, it was enough to get me the headache linked after several NOD.

The C & P doctor did not even want to see my headache log when i mentioned that i had them at the exam, however the Dr. did put pretty much everything that was in the Log, like 3-5 to 2-3 headaches a week. So the bulk of the basis is done by lay evidence presumably.

The first time i have ever heard of a Holter Monitor was right now on this post, the only thing i have connected between what this device does is record your heart and not brain waves etc.

Hope that helps answer.

In reference to my spontaneous exam for c & p next month, i thought since my claims were in the pending decision phase that i was no longer going to any exam's. It now makes sense that one of the exams for tinnitus or hearing loss was not done by the examiner, also something about c n p for muscle issue is scheduled with hearing c n p, so this means maybe the case is going to go back to the gathering of evidence, because i have never heard of the VA deciding on partial contentions and then c n p the others for decision much later.. but .. someone might answer this for me here...

[Valhalla0321]

Ok,

Now i am really a bit confused on the process. I just checked ebenes and the phase for all my Increase,new,re opened claims are now in the preparation for notification stage? this is the stage before complete and if im not wrong, there is no going backwards after this which is strange because one of the contentions for re open has a scheduled c n p that i just confirmed today... very puzzling. But anyway.. my big picture is that i expected that out of the 12 contentions.. that one of them at least would be increased.

By following others on Hadit, i have learned that at this stage "i think" you can go to download award letters, check bank or check pension/claims payment info on ebes and if it does not say anything about increase or money being deposited then this is a tell tell sign the claim was denied... ugh... what to do...

[TiredCoastie]

Never had migrains myself. What evidence did you finally supply that got the 50%? Do Drs have anyway of verifying the frequency of your symptoms or is it all based on your Lay reporting? Do you wear something like a Holter Monitor to record your Migraine episodes?

Semper Fi

Gastone

I keep a headache log like K9MAL and tally up the prostrating attacks monthly. My nuerologist also verified that they were prostrating based on what I reported to her. Man, I wish there was something like a holter monitor for neurologic events! I'd need one all the time!

[TiredCoastie]

Ok,

Now i am really a bit confused on the process. I just checked ebenes and the phase for all my Increase,new,re opened claims are now in the preparation for notification stage? this is the stage before complete and if im not wrong, there is no going backwards after this which is strange because one of the contentions for re open has a scheduled c n p that i just confirmed today... very puzzling. But anyway.. my big picture is that i expected that out of the 12 contentions.. that one of them at least would be increased.

By following others on Hadit, i have learned that at this stage "i think" you can go to download award letters, check bank or check pension/claims payment info on ebes and if it does not say anything about increase or money being deposited then this is a tell tell sign the claim was denied... ugh... what to do...

Your claim status can bounce back and forth before it finalizes, so there is certainly "going back" at this point.

The rater may have decided that he/she has enough at this point to make a good decision and forwarded one up the chain. Maybe they are planning to grant you a decision on what they can decide now and get you a decision about your other contentions later?

I've never seen any change in the benefits verification letter, etc, this early. Once the claim closes, then those update at least in my experience. However, like Gastone always says, put a watch on your bank account for a sudden deposit.

[Valhalla0321]

Thanks for the feedback and yeah.. Gastone is quite the Banker i keep a watchful eye on my bank because i sometimes overdraft because i live check to check. About the updates and going back and forth, i think that's forth cumming and will update to this post if any epic adventures take place.

[Gastone]

It's great for the Vet that the SC Ratings % can be determined from what appears to be primarily the Vet's own lay testimony. Just seems there would be some Electronic Medical Device along the lines of the Holter Monitor to measure all sorts of Brain Issues including headaches and their severity.

Thinking back, as a kid (back in the 50's) I experienced (1) nut buster headache. My dad took me to a clinic and couldn't find anything wrong. Whatever caused it never returned, but for about 3 or so hours I thought my head was about to explode. Had to keep my eyes closed, light made the pain worse. Remembering that pain, I have to believe if I had been hooked up to some sort of monitor, the old Pain brain waves would have been off the chart. Not a Dr, so maybe there isn't any way to monitor the brain over a 5 day period at home, like there is the heart. With the heart, you wear the Holter monitor (about 3x5) for a number of days as it acts as an EKG during a normal work day.

What was the degree of difficulty in getting the initial DX as SC? Did your SMR's help or hurt?

Semper Fi

Gastone