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Migraine Increase Denied. Suggestions Please.

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K9MAL

Question

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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The VA indicated that the rating for headache was based off of my SMR or SRBooks which indicated that i had headaches after a fall to face/broken nose/lacerations/broken tooth.. Not sure ?? if this is called a TBI, i would like to know if it is, everytime i ask DAV they say.. ahhh.. well ... huh.. next contention.. next.. like it's being deferred in conversation.

I have daily headache log's for about 25 months and i am taking some medications, this might be why i was rated for this.

I really don't think it was difficult, it is sad that i waited almost 20 years to talk about it and get service connected.. i missed 18x12= :-(...

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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

In my case, my SMRs helped because I was hospitalized with a neuroligical event that was eventually determined to be a migraine back while I was on active duty. They progressed pretty rapidly after the stress of service came off after I discharged, and got very strange and very much worse as the months rolled on. Sounds like you had one of those prostrating migraines yourself as a kid. Glad you haven't suffered one since. Even when I'm not knocked flat, they keep me from thinking clearly.

There are scans, apparently, that can be done that show some sort of migraine activity but having had MRIs, MRAs, and CT scans multiple times, there is no mention in the radiology report of any migraine detected. I also had an EEG once but it showed nothing.

Like I keep telling people...I keep getting my head examined and all they ever find is nothing! :wink:

Edited by TiredCoastie
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Did a look see on tests, just about the only thing portable would be along the lines of the Holter monitor. In some, not all cases Tachcardia or Bradycardia is evident during the episode. Looks like the daily symptom/duration log is still best evidence once your DX'd. After remembering my (1) episode, I feel for you guys. Didn't really get into treatment, what's offered?

Semper Fi

Gastone

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I had a scan and it shows a cavernous angioma or periods of hemorrhaging. I do have postrating attacks at least 2 to 3 x a week and is why they rated me, but should have at the 50%.

JMO, but in your case, they should have also rated you with "8009 Brain, vessels, hemorrhage" with 100% for 6 months then a rating decision based on C&P results...beside the 50% for prostrating and economically impacting migraines. Check out 38 CFR 4.124(a).

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Did a look see on tests, just about the only thing portable would be along the lines of the Holter monitor. In some, not all cases Tachcardia or Bradycardia is evident during the episode. Looks like the daily symptom/duration log is still best evidence once your DX'd. After remembering my (1) episode, I feel for you guys. Didn't really get into treatment, what's offered?

Semper Fi

Gastone

Yeah, I did a 2-week holter looking for dangerous arrythmias to ensure I wasn't throwing clots causing which were causing my TIAs. But that's a different problem from migraine.

The problem is that migraine is pretty challenging to unravel, and while research has uncovered some, there seems to be a lot they don't know about it. Maybe someday they'll be able to hook us up to a box and figure out the whys and best approaches. We had a neurologist tell my wife and me once that there are three areas in which even leading experts know suprisingly little: deep space, the deep sea, and the human brain.

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