Jump to content

Ask Your VA Claims Questions | Read Current Posts 
Read VA Disability Claims Articles
Search | View All Forums | Donate | Blogs | New Users | Rules 

  • tbirds-va-claims-struggle (1).png

  • 01-2024-stay-online-donate-banner.png

     

  • 0

Help With Migraine Headache Claim?

Rate this question


BlastDaddy

Question

I need some assistance on filing a claim for Migraine Headaches.

I don't have any record of headaches while in service but I had them and had it noted during my out-processing physical.

After getting out I signed up at the VA and begun treatment for them. I am on Topamax twice a day and sumatriptin at the onset of the headache.

Here is what I would like to know. I have Fibromyalgia and receive 40% for it. I was told to keep a log of the headaches. For the last month I have done so and can say that when my Fibro is acting up I have some of my more intense headaches. But I also have headaches when my Fibro is not acting up.

Should I file my migraine headaches as a secondary issue to my Fibromyalgia?

or

Under the Claims for Gulf War Illness a presumptive diagnosed condition under section cfr 38. 3.317?

This way I would be filing with a diagnosis and I would state they are a result of my service while actively serving in South West Asia.

The illness then would not have to be shown in service records but have manifested and be debilitating at least 10%. The window for filing under the GWI presumptive illnesses with or without a diagnosis is open until Dec 2016.

Anyone have advise on this?

Link to comment
Share on other sites

Recommended Posts

  • 0

I would wait to make any decisions on how to file for migraines until you see the neurologist. Then go with whatever the neurologist tells you. You'll need to ask those leading questions about causation or service connection - SWA related or fibro related? In my experience, my migraines can be triggered by other conditions but do not have to be - for instance, if I get sick, I'm more likely to have a debilitating migraine.

You do have a statement in your SMR, in your exit physical, that headaches are a problem. Now they are a real problem. That can be a nexus right there, meaning you don't have to reach back to the SWA service presumptive.

However, the neurologist can also determine that your migraines are secondary to fibro. If he or she does, then file that way.

And, the neurologist may uncover something on the CT scan, MRI, or MRA that's of concern...which would lend then toward a different cause.

In order to determine how much to rate you, the RO will need your log and any statements from employers, school officials, etc stating how badly you are impacted. I personally use the medical events log within MyHeatheVet. Don't count on the rater sorting through your log to see how many of them laid you out flat in a quiet, dark room. You'll need to compile that. I average between 2 and 3 days a month for the last several years. Because the disability system isn't necessarily about how much it impacts your life but how much it impacts your ability to work, you'll need to show how many times per month you are flattened. Getting actually "prostrated" on average of once a month is 30%, once every two months is 10%. To reach 50%, you need to show "With very frequent completely prostrating and prolonged attacks productive of severe economic inadaptability."

The reason to specify is, if you're like me, some months, I have migraine pain more days than not but they don't always put me in bed.

I'm at 30% and arguing for 50%.

Hang in there with this. There's nothing worse than having a disabiling disability that impacts your ability to think and reason, like migraine, and then try to sort out how to deal with it medically and from the disability standpoint. The whole thing is a trigger for migraine in itself!

Link to comment
Share on other sites

  • 0

That's your best bet. Without the specialist making the nexus for you, you don't have much to stand on with the RO. Even if your PCP gave you some sort of diagnosis, the system would probably send you to a neurologist for a C&P exam anyway. Having a neurologist's opinion will make a difference.

It's good that the MRI and EEG didn't show anything up in that the migraines aren't being caused by some structural damage like a stroke, etc.

Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now


  • Tell a friend

    Love HadIt.com’s VA Disability Community Vets helping Vets since 1997? Tell a friend!
  • Recent Achievements

    • kidva earned a badge
      Collaborator
    • dennis simpson earned a badge
      Collaborator
    • Dave119 earned a badge
      One Month Later
    • ShrekTheTank went up a rank
      Contributor
    • kidva went up a rank
      Rookie
  • Our picks

    • These decisions have made a big impact on how VA disability claims are handled, giving veterans more chances to get benefits and clearing up important issues.

      Service Connection

      Frost v. Shulkin (2017)
      This case established that for secondary service connection claims, the primary service-connected disability does not need to be service-connected or diagnosed at the time the secondary condition is incurred 1. This allows veterans to potentially receive secondary service connection for conditions that developed before their primary condition was officially service-connected. 

      Saunders v. Wilkie (2018)
      The Federal Circuit ruled that pain alone, without an accompanying diagnosed condition, can constitute a disability for VA compensation purposes if it results in functional impairment 1. This overturned previous precedent that required an underlying pathology for pain to be considered a disability.

      Effective Dates

      Martinez v. McDonough (2023)
      This case dealt with the denial of an earlier effective date for a total disability rating based on individual unemployability (TDIU) 2. It addressed issues around the validity of appeal withdrawals and the consideration of cognitive impairment in such decisions.

      Rating Issues

      Continue Reading on HadIt.com
      • 0 replies
    • I met with a VSO today at my VA Hospital who was very knowledgeable and very helpful.  We decided I should submit a few new claims which we did.  He told me that he didn't need copies of my military records that showed my sick call notations related to any of the claims.  He said that the VA now has entire military medical record on file and would find the record(s) in their own file.  It seemed odd to me as my service dates back to  1981 and spans 34 years through my retirement in 2015.  It sure seemed to make more sense for me to give him copies of my military medical record pages that document the injuries as I'd already had them with me.  He didn't want my copies.  Anyone have any information on this.  Much thanks in advance.  
      • 4 replies
    • Caluza Triangle defines what is necessary for service connection
      Caluza Triangle – Caluza vs Brown defined what is necessary for service connection. See COVA– CALUZA V. BROWN–TOTAL RECALL

      This has to be MEDICALLY Documented in your records:

      Current Diagnosis.   (No diagnosis, no Service Connection.)

      In-Service Event or Aggravation.
      Nexus (link- cause and effect- connection) or Doctor’s Statement close to: “The Veteran’s (current diagnosis) is at least as likely due to x Event in military service”
      • 0 replies
    • Do the sct codes help or hurt my disability rating 
    • VA has gotten away with (mis) interpreting their  ambigious, , vague regulations, then enforcing them willy nilly never in Veterans favor.  

      They justify all this to congress by calling themselves a "pro claimant Veteran friendly organization" who grants the benefit of the doubt to Veterans.  

      This is not true, 

      Proof:  

          About 80-90 percent of Veterans are initially denied by VA, pushing us into a massive backlog of appeals, or worse, sending impoverished Veterans "to the homeless streets" because  when they cant work, they can not keep their home.  I was one of those Veterans who they denied for a bogus reason:  "Its been too long since military service".  This is bogus because its not one of the criteria for service connection, but simply made up by VA.  And, I was a homeless Vet, albeit a short time,  mostly due to the kindness of strangers and friends. 

          Hadit would not be necessary if, indeed, VA gave Veterans the benefit of the doubt, and processed our claims efficiently and paid us promptly.  The VA is broken. 

          A huge percentage (nearly 100 percent) of Veterans who do get 100 percent, do so only after lengthy appeals.  I have answered questions for thousands of Veterans, and can only name ONE person who got their benefits correct on the first Regional Office decision.  All of the rest of us pretty much had lengthy frustrating appeals, mostly having to appeal multiple multiple times like I did. 

          I wish I know how VA gets away with lying to congress about how "VA is a claimant friendly system, where the Veteran is given the benefit of the doubt".   Then how come so many Veterans are homeless, and how come 22 Veterans take their life each day?  Va likes to blame the Veterans, not their system.   
×
×
  • Create New...

Important Information

Guidelines and Terms of Use