Headaches / Migraines - Denial

[onrope]

I was recently denied for headaches, migraines as I filed for undiagnosed symptoms.

The explanation in my denial letter states as follows:

Service connection for headaches, migraine is denied since this condition neither occurred in or was caused by service.

Your service treatment records do not contain complaints, treatment, or diagnosis for this condition. The evidence does not show and event, disease or injury in service. we did not find a link between your medical condition and military service. The VA medical opinion found no link between your diagnosed medical condition and military service.

I claimed it was a migraine. But I am not a medically trained person. It is a sever headache though. Isn't headache a presumptive noted in 38 C.F.R. § 3.317(b)(3)? Or did I shaft my self in stating it is a migraine in the DBQ?

I am not being treated for migraines. I am unsure why as I have been mentioning them for 3 years now since going to the VA.

I have attached the DBQ from my recent C&P.

Headache_DBQ.txt

Edited December 4, 2014 by onrope

[Mikemmlj]

Read the DBQ they basically said migraines aren't associated with Gulf War Syndrome.

What is your next step?

[onrope]

Read the DBQ they basically said migraines aren't associated with Gulf War Syndrome.What is your next step?

I saw that. But under the CFR it states headaches. I'm not certain my headaches are migraines or some other type of headache.

I am unsure how I should proceed. Looking for some additional ROE.

[onrope]

Anyone have a suggestion?

[Mikemmlj]

One suggestion would be finding a medical study linking your headaches/migraines to military service. It would take a lot of research. I would start with Google Scholar as a search engine. You need to find peer-reviewed medical research supporting your claim.

[airborne82_11b2p]

I think perhaps they used the self diagnosis of migraines to say it's a diagnosed illness, as such not presumptive. Maybe go to your Dr about the headaches and history. The key would be to show headache of an unknown etiology. For the presumptives you don't have to show direct connection to time in service. Do any of your current disabilities possibly contribute to the headaches? If so you could file them as secondary.

[onrope]

I think perhaps they used the self diagnosis of migraines to say it's a diagnosed illness, as such not presumptive. Maybe go to your Dr about the headaches and history. The key would be to show headache of an unknown etiology. For the presumptives you don't have to show direct connection to time in service. Do any of your current disabilities possibly contribute to the headaches? If so you could file them as secondary.

That would make sense that the self dispagnosis was used. Since I said it was like a migraine.

I could possibly file migraine as a secondary to the Fibro I am aware for or the PTSD maybe.

I think the main goal now is to ask my PCP to begin treating me for the headaches an see where this goes.