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De Facto Secondary Conditions

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USMC_VET

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I am in the midst of getting all the evidence for my TBI claim. i wont go into the background of blast, etc.

However I believe that my headaches which are already SC are secondary to my TBI.

Now in the future once i make and win (one can hope right?) my claim for TBI will they cancel my migraine SC and incorporate it into TBI or will they rerate it secondary to the new primary condition (TBI)?

I guess it all depends on how the rater/examiner decides?

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Unless you file a claim to link your headaches to your TBI they should probably just leave it alone. Since you get 0% for headaches now if you rolled it all into your TBI claim how could it hurt. How do they determine headaches are 0%?

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TBI is not rated...it's residuals are:

This contains the most recent rating info for TBI residuals.

Is that a NSC "0" or a SC "0" for the migraines?

Did you supply VA with evidence to boost that rating?

Dont forget....most TBIs are stressors.....and can cause PTSD.

Have you claimed PTSD due to this stressor?

They will hopefully give you a higher rating for the migraines , as I assume that is a SC disability and they will consider it as a residual

of the TBI event.

I also assume that you have proof of the TBI event.

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What did your SC Award Letter give as a reason for the SC at 0% for Headaches? Did you let that award become final, no NOD?

Think I read something about SC Migraines, as to how there DX'd. For the most part, your Neurologist has to go by what you describe as symptoms.

If you had an attack while hooked-up to an EKG, ECG or whatever, it would probably register. Barring any actual Medical Evidence, it's all supported by you and any eye witness statements. Give "Sworn Affidavits" serious consideration.

A Daily Headache log, would go a long way in supporting your Lay Evidence Testimony.

Semper Fi

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TBI is not rated...it's residuals are:

This contains the most recent rating info for TBI residuals.

Is that a NSC "0" or a SC "0" for the migraines?

I am SC 0% for headaches. I currently have a NOD in and a DRO hearing is scheduled (shows up in pending claims as "DRO HEARING - NEW". I have gotten 3 exams with a private physician, a headache log, a neurologist consult (future) a inconclusive MRI, and the VA has now started to prescribe me what i already had privately which was higher grade meds to prevention of migraines and another to ease the edge of the really bad ones. I also have sworn declarations from myself and my wife. All this was attached to the NOD. Why didnt i do it with the initial claim. well back in 2012 i claimed it and it has been "continuously prosecuted" since then back then and really up until december 2014 i was naive about the VA and had never been on any forum like this. very quickly i learned on what i needed ot do and to have and show the VA to prove what is real, is in fact real. so the 0% was submitted with no evidence other than one statement in support of claim and a crappy C&P from a NP. after that decision is when i discovered this site and got my education. I am making up for lost time now and filed the NOD and have done my homework and gotten the appropriate evidence.

Did you supply VA with evidence to boost that rating?

Dont forget....most TBIs are stressors.....and can cause PTSD.

Have you claimed PTSD due to this stressor?

I am currently 50% PTSD and one of the stressors was that specific incident with that IED and Rocket that hit (separate incidents). Since I dont have a claim in for TBI in yet im not sure about claiming it as a residual since I already have it SC'd?

They will hopefully give you a higher rating for the migraines , as I assume that is a SC disability and they will consider it as a residual

of the TBI event.

I also assume that you have proof of the TBI event.

I am working on it right now (FOIA pending). I have FOIA'd HQUSMC for daily/unit reports/chronology, etc. to get the unit record of the incidents. I am also getting sworn declarations from some of the guys in the vehicle to establish i was there and it happened, etc.

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What did your SC Award Letter give as a reason for the SC at 0% for Headaches? Did you let that award become final, no NOD?

I have attached the decision for the headaches. I filed a NOD about 7 months after the decision so I am currently awaiting a DRO interview.

Think I read something about SC Migraines, as to how there DX'd. For the most part, your Neurologist has to go by what you describe as symptoms.

I wasnt interveiwed by a neurologist but a NP, and have since gotten the appropriate evidence to go on.

If you had an attack while hooked-up to an EKG, ECG or whatever, it would probably register. Barring any actual Medical Evidence, it's all supported by you and any eye witness statements. Give "Sworn Affidavits" serious consideration.

I have since gotten sworn declarations from myself and my wife regarding the issues, what they are, affect me and so on.

A Daily Headache log, would go a long way in supporting your Lay Evidence Testimony.

I started a headache log after reading here on Hadit that someone said that it helped he had kept that up. I had about 6 months worth that was submitted with the NOD and have and will continue to keep it up to date. I fill out a paper one and then transcribe it into my "medical events" log on My Healthevet so that its easy to print off for doctors, etc.

Semper Fi

Semper Fi Brother

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Looks like your Ducks are in a row. My DRO Hearing took about 4.25 yrs to make it to the "on Deck Circle." Right up till 1 month before the VA letter regarding the Hearing Date (06/27/14) arrived, no one, VA or VSO had a clue on actual status or date.

Jan 2014, I officially requested an "Informal Evidence Conference" with a DRO. Read about the DRO's ability to request the "IEC" in the M21 DRO Section. Figured if he can do it, why can't I. Never received anything back from VA, other than confirmation of my request. However, within 5 mos, DRO Hearing is held. Did filing the "IEC" do anything, "IGAF?" All major issues Awarded at the Hearing.

I opted for an "Informal" DRO Hearing while discussing how the "Formal Hearing" would be held with the DRO. 35 min later, walked out knowing the Decision. That afternoon, VSO Rep Called, then E-Mailed me a copy of the Award. Retro hit my bank about 21/2 weeks later and Big Brown Award Envelope followed by about a week or so.

Semper Fi

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