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C&p Scheduled

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Cammy

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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)?

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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

While the case does mention headaches there are a lot of other factors in this case. The gentleman won his case in that he was awarded a 50% rating (previous was 10%) but the board thought that other health factors contributed to his inability to work. I am hoping that the frequency and severity of my headaches alone are enough to warrant a higher rating.

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Cammy,

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

carlie

No known reason. Have had MRI, X-ray, chiropractor, Herbal remadies, done food diary, kept track of weather, kept track of allergy reports, you name it have tried it. I have seen two different neurologists (military) and both just handed me perscriptions for what ever would make the headache stop. If you told me chicken feet would make it stop I would try it today.

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VA shrink has changed diagnosis to mild to moderate do not know if GAF has changed.

Cammy, check into it. It your SC condition is worse, Ask for an increase. Check into it. That may solve your problem. Migraines are terrible. I hope you find the right mix of Meds to get them less frequent. I have tried everything from Topomax to Imitrex and nothing worked.

Can you take torodol for your migraines when they come on?

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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.

John, Concurent reciept for retiree's is automatic if they are service conected and rated at 50% or higher. I'm not worried about "sqeezing" I'm looking for the slam dunk. I've got nothing but time and don't mind doing the research to to win.

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VA shrink has changed diagnosis to mild to moderate do not know if GAF has changed.

Cammy, check into it. It your SC condition is worse, Ask for an increase. Check into it. That may solve your problem. Migraines are terrible. I hope you find the right mix of Meds to get them less frequent. I have tried everything from Topomax to Imitrex and nothing worked.

Can you take torodol for your migraines when they come on?

Started on Topomax a week ago just seems to dull the headache so its just not as sharp. I take Zomig to abort the headache. The problem is each dose is $33.00 and the VA only gives me 6 doses a month. The VA doc gave a perscription that Tri-Care fills but they fill it at 6 doses every three weeks. Sounds like a story problem from school, "How many days does Cammy spend without meds?" Now can you see where the depression comes in to play?

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Cammy,

Most service connected vets and/or people with disabilities spend NO days without medications and their side effects.

Are you having to pay for any of these drugs ? My understanding is that if you are S/C'd at 50 % or more you pay nothing for meds.

Someone please correct me here if this is not accurate.

JMHO,

carlie

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