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  • Trouble Remembering? This helped me.

    I have memory problems and as some of you may know I highly recommend Evernote and have for years. Though I've found that writing helps me remember more. I ran across Tom's videos on youtube, I'm a bit geeky and I also use an IPad so if you take notes on your IPad or you are thinking of going paperless check it out. I'm really happy with it, I use it with a program called Noteshelf 2.

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  • 14 Questions about VA Disability Compensation Benefits Claims

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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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  • 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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    • So, my lawyer sent an IME w/ IMO and filed a supplemental claim solely for IU on March 20.

      It was closed on March 25, and va.gov just states claim closed and nothing more.

      Hopefully, I get good news.
    • Thanks for the responses. I am filing a new claim but will continue pushing the NOD. My new question is it stated in law or statute that if during the claims process the VA finds conditions that could possibly rate service connection that was not originally filed for, the VA will “invite” the veteran to file the claim on the claims form. Reason I ask is that my private DBQs, NEXUS letter, and even the VA nurse examiner's DBQs lists bilateral upper radiculopathy as present. If it is written in statute or official guidance it might qualify as a CUE. Just looking at all angles. 
    • Everyone needs to read our stories so they can try to avoid these screws by the va...
      Thank you, everyone contributes, good or bad, all of our stories will help others, and yes, they have been stated by others for ages, over and over, but we just get depressed, and the time turns into years as they screw us..

      Welcome to the department of Veterans Affairs!  I can honestly say, "been there, done that".  

      Even after winning my tdiu in 2017, it was back to the drawing board as VA hornswaggeld my effective date.  (but of course).  

      I finally won my tdiu effective date in Feb. 2020, 18 years after I first applied!!!  

      Here is how they managed to drag mine out 18 years:

      1.  They never adjuticated my decison until 2009, where they called it "moot".  

      2.  I appealed, said it was not moot because it could result in an earlier effective date and SMC S under Bradley vs Peake.  The judge agreed with me, and ordered VARO consider me for extra schedular TDIU, under 4.16 b.  

      3.  The VARO piddles with  the remand for 3 years, and hoped I wouldnt notice.  I noticed and raised cane until they adjuticated it.  (denied of course).  

      4.  Finally, after the baord denied again, I hired a lawyer, in 2014, and appealed to CAVC.   

      5.  The lawyer won a remand, got an IMO and I won tdiu in 2017.  But at the wrong effective date, even after 15 years.  

      6.  I hired another lawyer, Chris Attig, and appealed the effective date, and he won a remand for effective date.  Trip 2 to CAVC.  

      7.  Mr. Attig won a remand, and advised me to get another IMO.  

      8.  The board awarded my earlier effective date in Feb. 2020.  

           So, I do have advice fighting VA for TDIU, they fought and fought and I hung in there and won it all.  

      ADVICE:  Dont count on VA, they could easily throw your fax in the trash.  Follow up!  
    • "Keep in mind that due to the nature of the digestive system, VA would most likely combined your conditions and pay you at the higher rate to avoid pyramiding".    That is one of my main gripes.  They are only listing the GERD with hiatal hernia and ignoring the rest of my gastric issues such as the gastritis which I also had in service.  I included it in my 2007 request for increase and again in 2019.  The info from the civilian dr that stated I had the gastritis with H pylori was not even provided to the examiner in 2007, nor did he have my VA health records. The 2019 request was based on an EGD I had AT THE VA in Jan 2019.   I filed for an increase 6 Mar and they did an ACE on 27 Mar and downgraded to noncompensable on that date.  The only reason I was thinking CUE:  38 CFR § 3.326 - Under Examinations  it states (c) Provided that it is otherwise adequate for rating purposes, a statement from a private physician may be accepted for rating a claim without further examination".  
    • Enough has been said on this topic. This forum is not the proper forum for an attorney and former client to hash out their problems. Please take this offline
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oldtimer88

Neuro C&p Exam Scheduled

Question

hello all,

This site is amazing! I have a question regarding the Neuro C & P exam. I am SC 30% for Headaches (NOS) claimed as migraines. Not sure why they are rated as such but anyway several years before my claim was even done, I had noticed that my left eye had started jumping. It would come and go. Well I was thinking no big deal, when I went in to see my PCP and reported this, I was always told it was stress. Each eye appointment I had, it was contributed to stress. Well about 8 or 9 months ago it started getting really intense when I had a headache. It gets to the point it wants to close up. Then it started getting worse even when I didnt have a headache, but when I had a migraine, it would put me down, can't keep the eye open sometimes, lights bother it even more. Working on my computer at work when it starts to go crazy really bothers me to the point I have to keep opening it myself. Anyway, back in March I finally got tired of of the intense and frequency of this happening plus being embarrassed with people asking me why am I winking at them or what is wrong with your eye. So I scheduled an appointment with an Eye care specialist, he examined me and saw what it was doing and automatically told me what he thought it was, so he scheduled and brain MRI. It came back as Hemifacial Spasms/blepharospasm and this effects facial nerves or cranial nerves. He also stated that these attacks (if you will) comes from people that suffer with migraines and do contribute to the migraines as well.

Sorry to make this so long, I submitted a new claim for these issues secondary to migraines. I listed as eye disease, facial nerve disorder, hemifacial spasms/blepharospasm. Also requested increase for migraines. Now I have a C& P exam (Neuro) coming up. I wanted to know if I am going to have to go thru another brain MRI (such a scary process) or what is going to take place. Has anyone ever heard of migraines causing this?

Any advice would be appreciated.

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Hello All,

Thanks for responding to my question. Yes, I had the brain MRI with and without contrast in March 2015. The optometry specialist I was seeing did write a statement saying the migraines and spasms do affect each other. So I am going to have to experience that again and its only been 4 months. All records from optometrist and MRI paperwork requested from VA. I am going to the C&P next week,

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It may depend upon how long ago your "other" MRI was. It has been my experience that a C and P exam is good for about a year, and beyond that its pretty much obsolete. I applied for hearing loss and have been seeking an increase since 2002. So far, I had C and P exams in 2002, 2008 and 2015.

If your MRI exam was 5 years ago, it may be in your best interest to get a new one, as the current MRI may indicate a more serious problem than one 5 or more years ago.

I do think C and P exams are a way of "weeding out" some Vets. You see, if you dont show for the exam its an automatic denial, no questions asked. I can actually see their point, too. If your malady is not bad enough for you to go to the doc to get it documented, then maybe you dont deserve benefits. (I do hate it bad, tho, when VA schedules an exam then never informs the Vet and denies him for not showing up for the exam. They are famous for this.

You are gonna have to have medical evidence to document that your eye issues are secondary to sc migraines. NO evidence=no benefits.

YOu could kind of "feel out" the doc by asking the c and p doc, point blank, "do yout think the eye problems are related to migraines?"

He could say "Yes" "NO" or maybe.

If he says yes, then there is your nexus. If he says no, then it probably wont help to get an MRI. If he says, "That depends on your MRI, as to whether this is related to your migraines or not.

The obvious answer here:

If he says yes, then no mri will be needed. The doc already knows what he will say.

If he says no, then you should consider challenging a negative C and P exam.

If, however, he says it depends on your MRI, then you will have to endure it or get denied.

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Welcome aboard and yes you will probably have to have another brain MRI. I just went thru this and my Migraines/TBI was increased from 30 to 50%. Yeah that MRI with the contrast dye made me sick, and I have had quite a few Scans and MRIs and they never get any easier. Good luck and God Bless

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Hello All, not sure if I am posting this right so I am trying it again. Here is my c&p exam for increase on migraines. I also filed the new claim for hemifacial spasms, other facial nerve disorder, eye twitching.

After I got back from my exam, I got a call to see an Opthamology Surgeon next month for the spasms. Also I am concerned about the mention of anxiety and HTN in the remarks from the doctor. Any Feedback??

Was the Veteran's VA claims file reviewed? [X] Yes [ ] No

If yes, list any records that were reviewed but were not included in the Veteran's VA claims file: vbms If no, check all records reviewed: [ ] Military service treatment records [ ] Military service personnel records [ ] Military enlistment examination [ ] Military separation examination [ ] Military post-deployment questionnaire [ ] Department of Defense Form 214 Separation Documents [ ] Veterans Health Administration medical records (VA treatment records) [ ] Civilian medical records [ ] Interviews with collateral witnesses (family and others who have known the Veteran before and after military service) [ ] No records were reviewed [ ] Other:

1. Diagnosis ------------ Does the Veteran now have or has he/she ever been diagnosed with a headache condition? [X] Yes [ ] No

[X] Migraine including migraine variants ICD code: 784.0 Date of diagnosis: 2009

2. Medical History ------------------ a. Describe the history (including onset and course) of the Veteran's headache conditions (brief summary): CO- "patient not aware when headache and migrains strated but got got worst in basic training, also in Germany after she delivered her daughter with migrains".

Frequency of headache and migrains-18 per month.

Prostrating attack frequency-5 per month.

Work:- Computer private sector-full time for past three years

b. Does the Veteran's treatment plan include taking medication for the diagnosed condition? [X] Yes [ ] No

If yes, describe treatment (list only those medications used for the diagnosed condition): Meloxicam.Sumatriptan.

3. Symptoms ----------- a. Does the Veteran experience headache pain? [X] Yes [ ] No

[X] Pain on both sides of the head [X] Other, describe: sharp b.

Does the Veteran experience non-headache symptoms associated with headaches? (including symptoms associated with an aura prior to headache pain) [X] Yes [ ] No

[X] Nausea [X] Vomiting [X] Sensitivity to sound [X] Other, describe: dizzy,eye twitches,concentration problems

c. Indicate duration of typical head pain [X] 1-2 days

d. Indicate location of typical head pain [X] Both sides of head

4. Prostrating attacks of headache pain ---------------------------------------

a. Migraine / Non-Migraine- Does the Veteran have characteristic prostrating attacks of migraine / non-migraine headache pain? [X] Yes [ ] No

b. Does the Veteran have very prostrating and prolonged attacks of migraines/non-migraine pain productive of severe economic inadaptability? [X] Yes [ ]

No 5. Other pertinent physical findings, complications, conditions, signs and/or symptoms -----------------------------------------------------------------------------

a. Does the Veteran have any scars (surgical or otherwise) related to any conditions or to the treatment of any conditions listed in the Diagnosis section above?

[ ] Yes [X] No b. Does the Veteran have any other pertinent physical findings, complications, conditions, signs and/or symptoms related to any 56 conditions listed in the Diagnosis section above? [X] Yes [ ] No

If yes, describe (brief summary): HTN,Anxiety

6. Diagnostic testing --------------------- Are there any other significant diagnostic test findings and/or results? [ ] Yes [X] No

7. Functional impact -------------------- Does the Veteran's headache condition impact his or her ability to work? [X] Yes [ ] No

If yes, describe the impact of the Veteran's headache condition, providing one or more examples: Slows her prodoctivity.

8. Remarks, if any: ------------------- PE: BP-136/75 -HEENT-normocephlaic,EOME,PERLA,no facial drops or tongue deviations,cranial nerves II/XII gorssly normal. -Neck-Supple, no JVD or carotid bruits.

Current level of headache and migrain severity:- moderate to sever based on subjective reporting by patient.

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      Can migraines be secondary to the pills for PTSD? The VA gave me these pills for anxiety to treat the PTSD. Now I’m awaiting my rating for PTSD.
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      The issue:
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    • So, my lawyer sent an IME w/ IMO and filed a supplemental claim solely for IU on March 20.

      It was closed on March 25, and va.gov just states claim closed and nothing more.

      Hopefully, I get good news.
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      Even after winning my tdiu in 2017, it was back to the drawing board as VA hornswaggeld my effective date.  (but of course).  

      I finally won my tdiu effective date in Feb. 2020, 18 years after I first applied!!!  

      Here is how they managed to drag mine out 18 years:

      1.  They never adjuticated my decison until 2009, where they called it "moot".  

      2.  I appealed, said it was not moot because it could result in an earlier effective date and SMC S under Bradley vs Peake.  The judge agreed with me, and ordered VARO consider me for extra schedular TDIU, under 4.16 b.  

      3.  The VARO piddles with  the remand for 3 years, and hoped I wouldnt notice.  I noticed and raised cane until they adjuticated it.  (denied of course).  

      4.  Finally, after the baord denied again, I hired a lawyer, in 2014, and appealed to CAVC.   

      5.  The lawyer won a remand, got an IMO and I won tdiu in 2017.  But at the wrong effective date, even after 15 years.  

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