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Retired For Sc Disabilty Too Late To Ask For Reconsideration?


oldman273

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Hello a question that bugs me to this day. I was SC for Migraines back in 2005. I was medically retired prior to my SC for migraines 4 years prior to getting SC. I had my employer submit my records from work and civilian and VA Docs both stated my hypertension was primary reason for migraines. I was injured in civilian job but had nothing to do with migraines so fighting for 4 years I had gotten SC but the date the VARO said they went back to the date I filled for migraines not the day I was retired. Have I waited too long to go back?

I am service connected for hypertension, Migraines secondary to hypertension.. Enlarged heart secondary to hypertension I have all the records listed in the evidence section which listed the records from SSDI my last employer and my military medical records which listed me having migraines in service. Any ideas? Thanks and have a good day I know I have set and let this fester sometime but what ticked me off recently I had another MRI and the damage from the migraines has gotten worse compared to the last ones I had years ago.

I wanted to ask for advice. I think it is one of the cases where the VARO refused to admit they made a mistake but I also have to admit I should have gotten this taken care of years ago. Thanks for any advice.

Edited by oldman273
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  • HadIt.com Elder

Unless you had been denied, in an unappealed claim, for the migraines, prior to filing the one that had the SC migraines awarded,I see no basis for a CUE claim.

Or if you had been denied before and ,due to the VA's lack of considering records, under 38 CFR 3.156b than a re-open could potentially garner more retro...under that regulation.....

but I don't see here, if either CUE or 3.156 would help you.
,.
But this concerns me:
"I am service connected for hypertension, Migraines secondary to hypertension.. Enlarged heart secondary to hypertension I have all the records listed in the evidence section which listed the records from SSDI my last employer and my military medical records which listed me having migraines in service. Any ideas? Thanks and have a good day I know I have set and let this fester sometime but wha..."

etc

When did you file for the hypertension and was that initial hypertension claim denied?

As I understand this. the migraines are from the hypertension,as the primary SC cause.

"I was SC for Migraines back in 2005"

Are you able to scan and attach the Reasons and Bases of that decision here?

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Hello Berta thanks I need to explain my question better. I was awarded SC for Migraines in 2005 rated at 60% and I had no issue with the claim my question is at the time I was awarded it was over 4 years since I was medically disabled for the Migraines from my civilian job but at the time I was not SC for them but I had been granted SC for the hypertension but not the Migraines. I had terrible migraines from my hypertension until I got my hypertension under control. I take 3 different hypertension medicines now daily and use Oxygen for the headaches now and the imitrex injections when the oxygen does not help halt the migraines.

Yes to your question I will look the claim up and paste the claim or answer the VA gave when they granted me SC. I had it explained to me by the VA neurologist that my SC hypertension was a vascular headache and SC was related. If I am able to get ahead of the migraines and lay down in a dark quiet room away from noise and light I can use the oxygen and the shots if it gets bad and they average about 4 or more a month sometimes but I have to watch my BP. The VA got me oxygen and it helps keep them in check but It is not always enough that is why I have the Lesions on my latest MRI. The Neurologist told me it shows up as white matter on MRI from the migraines.

Thanks for your questions I thought the VA hosed me on the claim I thought I should have been SC from the date I was medically disabled prior to SC for the Migraines. I will get the claim posted in the morning. Have a good day and thank you for the work you do and the inspiration...

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  • HadIt.com Elder

Are you unable to work due to the migraines? And is the 100% comp actually for TDIU?

What is the breakdown of your 100%?

I am not sure what would give you a better EED here.

Did you get SSDI solely for a SC condition and then get VA SC as 100% for the same condition?

In some cases, the VA will award a year more retro prior to the EED filing date.

I posted info on that here before with personal example.

My husband's posthumous 100% PTSD award on a claim he filed in Nov 1992, was given a more favorable Nov 1 1991 EED because of the SSDI award solely for PTSD,determined as totally disabling as of Nov 1991..

The regulation should be in our TDIU forum.


"but It is not always enough that is why I have the Lesions on my latest MRI. The Neurologist told me it shows up as white matter on MRI from the migraines."

If you do re -open your claims I would sure add that information and claim the lesions and loss of white matter as due to the SC migraines.
Even if they rate this only at "0" SC at this point.

The MRI narrative might be the only evidence you need if the doctor documented as well, the nexus from the brain trauma to the migraines.

I cannot determine if you have any deficits from the lesions. My husband sure did.

He also had the same notations on his MRI narrative report, with lesions in many areas of his brain and the malpracticed HBP caused a "loss" of white matter. His HBP then ( improperly treated by VA under 1151) caused him to eventually have have a major totally disabling stroke.

There have been new studies on how much damage serious migraines can cause.


http://www.healthline.com/health-news/mental-migraines-more-harmful-than-once-thought-082813

Do you carefully check your meds to see if there have been any contraindications to the HBP meds you take?

There are many online sites these days that give complete drug interaction information.

I am not the best person to comment on this here, I hope others will chime in.

I am going to the local VA cemetery in a few hours ...it is 20 year anniversary of my husband's death and I get angry all over again when I realize how much negligence VA committed that caused his death.

They attributed his symptoms of TiAs ( which were lesions on his MRI and autopsy) to a hearing problem he did not have, and gave him sudafed 4 times a day for 6 years for sinus problems an X ray revealed he did not have.

And with a very low dose of HBP meds, the sudafed prescription made the HBP meds useless.

I have a current claim which VA seems to have lost for HBP under 1151.No time limits for 1151 claims.

My evidence is from the VA Central Strategic Health team FTCA in their report.to the General Counsel, supporting all of above.

He had severe headaches from time to time but nothing like you describe here.

I read your statement here many times:

"I think it is one of the cases where the VARO refused to admit they made a mistake but I also have to admit I should have gotten this taken care of years ago. Thanks for any advice."

I would say in my husband's case the VAMC made MANY mistakes and then tried to cover them up, and they could have taken better care of my husband years before he died.

I am NOT a doctor and cant tell if you are satisfied with your VA care.

If not,

Have you ever considered getting a non VA neuro's IMO on your situation?

Edited by Berta
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  • Subscription Holder

Did you file for SSDI when you retired from your job? If the VA knew this then they should have considered you for TDIU if your retired solely for SC reasons. Usually, the date you file for benefits is your effective date, regardless of what happened before that date.

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