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    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
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  • Most Common VA Disabilities Claimed for Compensation:   

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  • Can a 100 percent Disabled Veteran Work and Earn an Income?

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    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

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Cammy

C&p Scheduled

Question

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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Wow I didn't realize how long it has been since I posted to this forum. Here is the original topic I posted in October of 2006.

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)?

Edited by Cammy

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Cammy, you can't appeal the headaches rating under the migraine code. 50% is the max you can get.

If you change your mind about filing for TDIU, you should also file for social security disability at the same time. It sounds like you enjoy substitute teaching, but having done that job myself, I know it's not particularly well paying, and sometimes inconsistent in scheduling. Only you can make the decision as to whether the benefit of engaging in this activity makes up for the lack of steady income.

Regarding your statement about back surgery, my husband is rated 40% for lumbar spine problems, 20% for cervical spine problems, and he has never had back surgery. He's been seeing a chiropractor since 1984, way before he retired, and continues to do so today. He visits him on a frequent and consistent schedule, which we credit with keeping my husband out of surgery.

If you have evidence like range of motion measurements, or an independent medical opinion to back up increased ratings according to the rating schedule in 38 CFR, I'd encourage you to file an NOD on this decision and pursue the items that have been inadequately rated.

It sounds like getting an opinion from a board certified orthopedic surgeon would be in order. If you go that route, give the doc a copy of the sections of 38 CFR relevant to the conditions being examined, and have him/her find where you belong in the ratings. I bet your C & P was done by someone other than a board certified orthopedic specialist, maybe an Internal Medicine doc or a PA/NP?

Sorry, I don't know anything about extra-schedular ratings, but since you're not unemployable, I bet you'd have a hard time getting the VA to consider it.

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They continued the rating of 50% for my headaches as "...the record shows very frequent, completely prostarating, and prolonged attacks productive of severe economic inadaptability." DUH! I can't understand why headaches can't be rated higher. If I can't work because of the headache than whay not more than 50%??? VA logic.

That statement in itself makes you unemployable. If denied, appeal this to the BVA.

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"Regarding your statement about back surgery, my husband is rated 40% for lumbar spine problems, 20% for cervical spine problems, and he has never had back surgery. He's been seeing a chiropractor since 1984, way before he retired, and continues to do so today. He visits him on a frequent and consistent schedule, which we credit with keeping my husband out of surgery. "

I like your husband saw a chiropractor for a couple of years before retiring. When I applied to the VA in 2005 the diagnostic codes for the back and spine were of the limitation of motion type. Since getting my rating 38CFR has been changed to eliminate range of motion. Now you have to have been given bed rest for "X" amount of weeks in a one year period to qualify. The common course of treatment for back ailments now is not bed rest. I think you would have a hard time finding a doc that would put you on bed rest for a back injury. Hence my comment "short of back surgery."

Thanks for the replies.

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