C&p Scheduled

[Cammy]

First let me say that I have spent many hours lurking here and have learned a great deal from you all. I want to thank all of you for your time and dedication to your fellow veteran.

I retired from the Air Force in June of 2005 and was awarded a combined rating of 90%. 50% of that rating is for chronic migraine headaches. In September of 2006 I asked the VA to reopen my claim for the headaches due to the frequency and severity of the headaches increasing. I have a C&P scheduled for 1 November.

Here is my question.

Knowing that the VA can award an extra-schedular rating what are the chances that this may happen? I know that this type of rating is applied in the rare case but how rare does it have to be? In that rare case where they award an extra-schedular rating how much higher do they go (or are they inclined to go)?

[carlie]

Cammy,

Extra schedular ratings being awarded are very rare. How do the headaches effect your life so much that VA should consider an extra schedular rating ? That is what they are going to want and need to know. You might do better shooting for IU

if a doc will write a statement for you in regards to :

stating something like:

In my medical opinion the veteran is unable to sustain financial gainful employment due solely to medical conditions this veteran is already in receipt of service connection for. It is also my medical opinion that the veterans medical conditions are static in nature and show no chance for improvement.

This is quite good for all vets but hard to get.

List the docs credentials and all medications you are on to include any side effects from these medications.

VA is not inclined to award extra schedular compensation, yet if this happened they could always go to 100 % - but i've not seen it happen in the research I've done.

What are the other disabilities that brought you up tp the 90% ?

Any chance if increasing those ?

JMHO,

carlie

[Guest jstacy]

Hi Cammy, You have asked a very complex question, 50 percent is the maximum xcheduled allowance for headaches. Headaches are rated undser the Migraine Criteria.

I did a little research and have found out that it is not impossible to get an extraschedular rating. It is extremely difficult.

The 50 percent criteria says Frequent prostrating attacks productive of a severe economic impact.

If you can show the Headaches effect your life by keeping you at home, or in the bed, Then you may have a chance. I have never heard of housebound by headache but it is not beyond the realm of possibility.

I have attached a BVA case that is a denial but it will give you somethinng to compare to.

http://www.va.gov/vetapp99/files3/9925693.txt

Edited October 16, 2006 by jstacy

[carlie]

Cammy,

Have you called VA to find out exactly what your C&P is for?

Anytime you go for a C&P they can and do make statements and evaluate other disabilities so be aware of this.

You can be at a C&P for neurology - say evaluation of headaches, and if you make mention of other conditions this would also be likely mentioned in the report, say

back pain, muscle spasms etc... from a injury or illness.

I always suggest taking prior documentation of medical findings (and any calander

or journal you've kept) of medical disabilities and/or symptoms that have increased, to the C&P with you. The examiners will usually make some copies

of this to include in their evaluation, or at least make mention of it for the record.

JMHO,

carlie

[john999]

Cammy

Is what you are after a 100% rating so you can get the concurrent receipt? You could easily get IU, but I don't thing you get concurrent receipt for IU. If you can squeeze 10% out of your entire diability rating and get 100% that would be an ideal goal. IU would pay 100% benefits if you are not working. I am not retired military so I don't know the ins an outs of concurrent receipt. If headaches are maximum 50% then maybe you want to go after some other disability and try and get that raised up. Do you have depression or other type disorders due to your disabilities? Are you working now or are you totally disabled? Why not list your disabilities and we can figure which ones have the best shot at being enhanced with evidence to get you to 100%. Are you a combat vet? I ask because their are some different rules for combat vets as far as evidence.

[Cammy]

Never thought about getting rated TDIU. I guess its a pride thing. Too many of these guys that were in Vietnam, Gulf War, OIF, Afganistan and other places that came home shot up gave more than me. My family always says I should be proud that I did 20 years but feel like I didn't do my share sometimes.

Funny you should mention the depression. Not funny ha ha but I am rated at 10% based on treatment for alcohol abuse in 1995. 10% awarded based on mild symptoms transient in nature, GAF score of 80. I did not utilize mental health services after 1995 while on active duty (don't want people to think I'm crazy thing) but did use the chaplin service A LOT.

Started seeing a VA shrink shortly after getting into the VA system. Initially declined meds but have since started Brupropion. This is the only antidepressant that I can take that will not interfere with my headache meds. VA shrink has changed diagnosis to mild to moderate do not know if GAF has changed.

Headaches playing a major role in the depression. At this point the pain is unbearable and the uncertanty of when and where the next headache will come is wearing me down. Some days it is a real struggle just to get out of bed.

Headaches are like being shot in the head and come on in a mater of a couple of minutes. Imagine the worst icecream headache you have ever had and multiply it by 10. shrink it to the size of a quarter focus it behind your right eye and have it go through your head and come out behind your right ear. Now at the same time have the entire right side of your face go numb and droop, your right arm go limp and have speech become a problem. Sounds like a stroke right? Nope thats my headache. Now have that headache last three to four hours and happen everyday for a week to two months one to two times a day. Never at the same time during the year, never knowing a precursor and you can see why I am asking for an extra schedular rating.

I work as an on call substitute teacher for now but cannot work for fear of getting a headache in the classroom. I would like to pursue a career as a teacher but at this time it is not looking good.

[carlie]

Cammy,

What is the etiology of your headaches - medical reason for them?

carlie