Help With Migraine Claim

[Scott D]

The Seattle VA has already service connected my migraines. They have established a frequency of 3-4 a month. They have awarded service connection at 0%. They claim that there is no evidence to show they are "prostraing in nature". In my SMR my family practice doctor documents the following symptoms photophobia, sound sensitivity, pain, nausea, and vomiting. How can any logical person come to the conclusion that these symptoms are not prostrating in nature. What do I need to do to appeal this claim?

Thanks

[Guest jstacy]

Scott, You may want to open this link. It is A Veterans Court decision for headaches.

http://www.warms.vba.va.gov/cova/dads/99dads/fendrson.doc

[jrenee]

Hello everyone,

I have a question regarding migraines. I was denied between 1996 (discharge from army) to 2002. They granted me the service connection based on evidence in my military medical records in addition to ongoing medical treatment. I filed a cue claim requesting an earlier effective date back to August 1, 1996. My file is now currently with the BVA. For some reason my rep advised that it would take 2-5years for them to make a decision. I'm really curious of what the outcome will be for all of my issues (depression (anxiety), migraines and lower back pain). I'm also curious as to why they consistently denied the claim then subsequently used the information from all previous claims to establish the service connection. Is this not a little backwards?

Renee

[MarineDog]

Good advice all around. I am 50% for migraines. I have kept a migraine log for 4 years, I've kept copies of all private and VA ER visits and my wife took several pictures of myself lying in bed with ice bags around my head (this is the way I am most of the time), and sent this information into the VA and got a quick response. The key word to build my case around was "Prostrate" which means in a horzontial position.

Best of luck!

[jrenee]

Good advice all around. I am 50% for migraines. I have kept a migraine log for 4 years, I've kept copies of all private and VA ER visits and my wife took several pictures of myself lying in bed with ice bags around my head (this is the way I am most of the time), and sent this information into the VA and got a quick response. The key word to build my case around was "Prostrate" which means in a horzontial position.

Best of luck!

This jrenee. I received my claim back from the board of appeals already. It took 5 years to get there and 6 weeks for them to review. I was denied on all of my issues. Especially the earlier effective date concerning my migraines. I'm exasperated now. I want to file a que for the migraines. But I'm discouraged now. Please HELP!!!!!!!!!!!!!!!!!!

[jrenee]

jrenee, We need more information.

What rating do currently have?

What issues did you appeal?

Did you have IMOs?

C&P report?

Does your evidence match the information posted earlier under this topic?

Hi Jim,

My current rating for migraines is 30% from May 2002.To grant this connection they used previous claims, medical records both in service and va medical center as well letter from the neurologist. They contend that the letter from the neurologist was "new material evidence". His letter was drafted based on my in service medical records that I provided to him. All of my evidence matches up with the below. In additon, the first C&P physical was immediately following discharge from the military in October 1996. At which time the examine found history of migraines in my service records. That claim was denied, my represenative at the time did not help me devlop my claim, they canceled my power of attorney for reasons unknown to me to this day.

My other issues are depression at 30% and lower back at 20%. All issues were denied. I'm not certain what an IMO is can you clarify?

Edited June 16, 2007 by jrenee

[Pete53]

Jrene:

When was last time you were able to work and earned enough money that was more than 900 a month.

CUE's are very tricky and many who think that they have a cue really don't. What I think you really need is to establish 100% in some form or another and than go after any issues that are not resolved to your satisfaction.

Your SO in my opinion is full of beans. There are ways to speed the VA up if they take to long. A Writ of Mandamus seems to have helped many and can be filed successfully after 18 months.

Good Luck