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Help With Migraine Headache Claim?

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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?

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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!

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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.

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