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]

Yeah!!!.. but Hey???

Thank's everyone.. time to updated my service connection from a 50% to a ...70%.. I would be at 20% if i did not look at this site, have good people to help me like you all!!!.

I have and had many contentions that were ratable but i did not know that they were.. from 2000.. all that time i could have been sitting at the percentage i am now instead of the 10 then the 20.. blah.. ..

Now the Hey.. The upgraded my 30% migraine to a 50% which makes me most likely the 70% my only question is i never seen the claim not complete stage return but i have a hunch that the next month C&P is to find out more about me and my contentions, thus the claim is not complete and dispels the partial why.

Can you guys tell me if you think the Sam.. that my claim is not over and that they made a partial decision.. looks that way

02/08/2015 Compensation Review Of Evidence

• Development Letter Sent
• Decision Notification Sent

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this as of 4.16.2015

[Valhalla0321]

TiredCoastie,

After a rating per headache migraine 50% the claim is still open but how would i request and or integrate a claim for :

8009 Brain, vessels, hemorrhage from: Rate the vascular conditions under Codes 8007 through 8009, for 6 months 100 Rate residuals, thereafter, minimum 10

Hum!!!!

[TiredCoastie]

TiredCoastie,

After a rating per headache migraine 50% the claim is still open but how would i request and or integrate a claim for :

8009 Brain, vessels, hemorrhage from: Rate the vascular conditions under Codes 8007 through 8009, for 6 months 100 Rate residuals, thereafter, minimum 10

Hum!!!!

That's a good question. You have a couple of options in my book and others may have more advice.

1. File a NOD after you receive your decision if you are not rated for this condition. Your C&P exam results discussed your MRI findings. Therefore, the RO has evidence from its own investigation that you have the condition. If they don't rate you for this, which they found in trying to investigate your migraines, you could file a NOD and point out that they should have rated you for this. In fact, that's one of the things I've appealed for in relation to my TIAs. In the midst of the back and forth claims and N&ME, I submitted evidence showing that I have had cerebral thrombosis.

2. Submit another claim specifically for this condition. If you file a NOD after you get the decision, you will get another look by default anyway, especially if you point out that a disability was not considered or rated. But if you lose after filing a second claim, you'll have to file a NOD anyway which just repeats the process before generating a SOC and will cost you a year or more longer to getting in line for the BVA. BUT, you could do file another claim RIGHT NOW to ensure the RO considers this condition and evidence as well, but it would slow down your claim's process if you were hoping to do an FDC.

If DAV is your VSO, I'd get with them ASAP and discuss options. They'll probably tell you to wait and see what happens, which is part of either an option. You'll want to insist that they do what you want them to do when you decide what path to take. Personally, I'd file that second claim right now.

The biggest questions will be when and why did the bleeding occur? That's what you'll want to ensure is highlighted in whatever package you choose. Sounds like you got your brain box rattled back when you were in the Corps. This could be a TBI issue and you might want to read up on 38 CFR 4.124(a) in regards to that to determine exactly how you should approach this claim.

Meanwhile, I tried to see your documents from eBenefits but the system doesn't allow us to see what you can see after you log in. It does sound like you got an interim decision. In eBenefits, if you look under your disabilities in your profile, you'll find if your migraines were increased from 30% to 50% as well as if anything else was decided. It should also show what conditions they're still working on if they haven't been rated previously.

Hope this helps! God bless!

[Valhalla0321]

Thanks TiredCoastie,

Looks like i got to do my homework here, trying to get this CFR lined up paralell with what you refering to, this is very helpful. I have about 10 more claims that i assume are still pending / undecided left out from the headache and actually the Right knee that i missed (they rated it 10, it was 0) So they increased headache from 30 to 50 and the Knee from

0 to 10%.

I assume the other claims one by one will follow suite instead of having me wait for All (this is great) The VA is working better towards there completion goals in my opinion.

I will wait for the claims to finish or get close to. I actually have my NOD turned appeal/DRO hearing for sleep apnea this month, so add this to the list of many.

But how strange, I got denied SSDI yesterday and today i get approved for increase. I still have not gotten my SSDI denial packet, but the little bit of info i got from SSA was that i can answer the phone for a job like i did in 2001, they just don't know how i have progressed from then obviously. There might be a hidden twist to this, i am thinking that me being in the VOC rehab program going to school online.. (even though i have close to failing grades (D) and i spend maybe 2 hours 5 x a week online, this might be the smoking gun that is going to clog up the VA and or SSA for rating me.. hummm??? what's your take Hadit Followers??

Thank you everyone for your help..it's not over but the magnitude of help here is astronomical .

[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?

[Guest]

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 June 28, 2015 by pete992