Gwi Approved, Migraines Denied

[SincityCJ]

Hello All,

Here's the background on the claim for fellow GWI vets, and some questions...

I recently received the approval on the first claim for GWI, awarded 30%.

This was an FDC that I filed with assistance of a VSO, so there were likely some errors made in the initial application. (I hadn't found this site yet and have since learned the error of my ways...) But at the end of the day it's a win, with 2 1/2 yrs of retro. No big payday though, as I have to pay back a tidy little sum of SSB from 20 yrs ago.

VERBATIM from the Decision Letter:

"Gulf War undiagnosed illness to include dizziness,short term memory loss, impaired gait, loss of balance and tingling in legs"

I quietly rejoice every time I read that part of the letter as it validates, at least for me, that I was not crazy for the years that I have sought help for these issues. So if you are reading this and you are struggling, it is frustrating but please do not give up!

So here's my questions:

• Based on the above, do you think this a lowball award?
• Is the VA using individual contentions/issues/symptoms to rate GWI awards?
• Should I file an appeal for this claim? I'm torn on this one...

I have the good fortune to receive health care through work so this was all after several years worth of chasing civilian Dr's, diagnosis, ,testing , etc... In the end I had two Neurologists provide the same opinion...undiagnosed neurological condition. One of them broke out the headaches as a separate diagnosis of Migraines. As stated in the title, they denied the contention of Migraines. Considering this

From the Decision Letter:

Service connection for migraines is denied since this condition neither occurred in nor was caused by the service. The evidence does not show an event,disease or injury in service. We did not find a link between your medical condition and military service.

I intend to appeal this decision since headaches are listed as part of GWI, all of the symptoms are related and linked in how they occur. In the process of getting C file, and results from C&Ps that were conducted for these decisions and trying to formulate sound basis for the appeals.

Questions:

• Any similar experiences, i.e. awarding multiple symptoms for GWI and denying another?
• I have two other issues that are about ready for the FDC process. One is secondary ( kidney) one is primary (joint pain). Should I file these first, then the NOD for these decisions?

Thanks for the advice and help!

[onrope]

Onrope:

I kinda figured as much about the denial after digging around. I'm also considering the secondary as the migraine DX is in the records...can't undo that...So are you planning on reopening your original claim for migraines and submitting new evidence linking it as a secondary to Fibro?

I honestly don't know how I want to proceed. I am at 80%. 70% is for PTSD which is why they denied me for CFS. 30% IBS and 10% for tinnitus and HL.

I am at 0% for Firbro. I could try to file a reconsideration since I have been given medication and it isn't refractory to therapy. But even if I'm given the max of 40% it barely bumps me to 90%. My biggest fear is a re-eval and I get lowered. So I really just feel like I'm stuck.

[Guest]

Onrope,

I honestly don't know how I want to proceed. I am at 80%. 70% is for PTSD which is why they denied me for CFS. 30% IBS and 10% for tinnitus and HL.

I am at 0% for Firbro. I could try to file a reconsideration since I have been given medication and it isn't refractory to therapy. But even if I'm given the max of 40% it barely bumps me to 90%. My biggest fear is a re-eval and I get lowered. So I really just feel like I'm stuck.

First things first, no one knows what VA will do or try to do. When a veteran files a new claim, a claim for increase, a request for reconsideration or even a NOD, VA can reschedule a C & P exam on other service connected disabilities to determine if the status is better or worst. This is just a rumor mill scare tactic or none of us veterans would be rated 100% plus. Just stay in treatment and therapy and you should be fine.

Now that that is said, you can file a claim for increase for fibromyalgia which the max is 40% and you can file a claim for migraines which the max is 50%. Your fibromyalgia is already service connected at 0% and if it is active constantly and refractory to treatment, you should get the increase. Your claim for migraines can be filed as caused by or a result of your already service connected fibromyalgia, or aggravated by your already service connected fibromyalgia or both.

Edited May 24, 2015 by pete992

[Bear101]

I was with the 101st in the Gulf War and have had many problems since. I finally filed 4 or 5 weeks ago and I was contacted yesterday about scheduling my hearing, now set for Sept. 3 at John Cockran VA med ctr..

I have never had a medical exam for my claim, is this what is going to happen in Sept.?

[GBArmy]

I suggest you repost as a new item. This is attached to some old stuff and people are going to be commenting on stuff you don't need to hear about.

[vetquest]

@Bear101, please so as GBArmy suggests.  You will get a better response.