C&p Exam In Process

[ROMAD]

Well first post to the forums so here goes. I served on active duty in the AF for 11 years. during my service I developed Cluster Headaches. I received PCS orders to Korea and was sent to the Board and was medically seperated with severance pay and 10% disability. They pushed me out the door and I did not have a seperation physical because there was not enough time and they could not delay the seperation date. Ok so I am told to go to the VA for care and get a disability rating while on TRDL. 1 year later they officially seperated me. I received a 30% rating and had to wait for the amount of my severance to be recouped. Well during this time I have been in to see the docs and have been told there is no cure and they can continue to see me and try and treat the pain. The headaches happen every year several times a year. They have tried me on several medications over the past 10 years, and while on active duty as well. I live 35 miles from the VAMC and could not drive there everytime I got a headache. Not only because I can't drive during an attack but they can't do anything for me. So for six years I had no appts. with the VAMC. During this time I just used the oxygen and rolled around in pain. I am not able to get a statement from previous employers about firing me because of my disability. So now I am asking the VA for an increase in my disability payments and doing Voc rehab. When I spoke with the VA C&P doctor on the 8th it was a short appt and he asked me a few questions and rubbed my feet checked my reflexes and that was about it. But the one thing I did not do is have a complete timeline of when my headaches were and how long they lasted. They really put you off asking sort of matter of fact type questions and taking what you say during this chat as exact. well I received a copy of my C&P exam notes (from ROI request) and they state my condition appears to have not changed and draw conclusions that my dates don't fit what my medical record says. I did not take a copy of them with me to check the dates. My question is how do i fix this? The review is not complete yet but I believe it may be denied. By rating is based on code 8100 my condition is Cluster Headaches with Horner Syndrome. The VA rating guide does not have a code for cluster headaches they use Migraine which I feel is not correct anyway. So what does everyone think did i screw the pooch?

[ROMAD]

I found some claims at the BVA regarding Horner's.

Will this one help:

http://www.va.gov/vetapp03/files/0315793.txt

"ORDER

Clear and unmistakable error in the grant of service

connection for Horner's syndrome with trigeminal neuralgia

not having been shown, severance of service connection for

Horner's syndrome with trigeminal neuralgia was improper;

accordingly, service connection for that disability is

restored.

Service connection for headaches as secondary to Horner's

syndrome is granted."

3 issues, Cue -denied, severance rating restored, and migraines as secondary to Horner's.

Also: http://www.va.gov/vetapp00/files3/0020187.txt

"A schedular evaluation in excess of 20 percent for Horner's

syndrome with impaired accommodation is denied. " However this case is worth reading as to the ratings and DCs.

and This appears to be a remand of the above claim -not sure- but from the CAVC:

http://www.va.gov/vetapp01/files03/0124899.txt

But the BVA again held to their decision- as to the Horner claim:

"2. The schedular criteria for an evaluation in excess of 20

percent for Horner's syndrome with impaired accommodation

are not met. 38 U.S.C.A. §§ 1155, 5107; 38 C.F.R. §§ 4.1,

4.7, 4.20, 4.21, 4.84a, DC 6030 (2001)."

It appears that a proper C & P on Horner's syndrome involves 3 separate C & Ps-

"The June and July 1998 compensation and pension examinations

(i.e., general medical, neurology, and ophthalmology) reflect

that the veteran wore contacts and eyeglasses. The veteran's

pupils were equal, round, and reactive to light and

accommodation on the general medical examination. The

neurologist noted that the eyes had been dilated by

ophthalmology and neither pupil was therefore reactive and

their sizes were both 7 or 8 millimeters. The neurologist

noted that the veteran had Horner's syndrome involving mild

drooping of the left eyelid and a small pupil on the left

side. The veteran reported that his left pupil was "always

usually" small and did not affect his vision. Closure of the

eyelid was normal and puffing of the cheeks and smile, etc.,

was normal. Facial sensation including temperature sensation

was normal. The neurologist reported that he could not

detect any difference in sweat on the two sides of the face"

It sounds like this vet here at hadit-got the GP C & P and still should be given the other ones-as mentioned here.

Thanks for the links. It looks like they bundled my Horner's with my headaches. It has been listed in my medical records all the way back to my active duty medical records that I have Horners, but there has never been a seperate rating or anything seperate from my 8100 rating for headaches. It is always refered to as "Cluster Headaches with Horner's Syndrome". saved all 3 links so I will have some Info on Horners. How did you find this and how do I go about finding more specifically about Cluster Headaches and about Horner's Syndrome. If I can find additional ammo it may make it easier to file a CUE since it appears they listed as a disability but never gave a rating for it.

[Berta]

"If I can find additional ammo it may make it easier to file a CUE since it appears they listed as a disability but never gave a rating for it."

Was that in a final decision that you never appealed?

Are you taking this from a blue rating sheet or the usual list-

you mean they never gave a percentage?

Veteran:

I found 132 hits at the BVA with your disability in it- doesn't mean they all will help but worth looking-

Just click on this and go to BVA

http://www.va.gov/index.htm

then click on BVA on the left and find the search button-

put Horner into the search (I had a heck of a time at first and got no hits)

all 132 should pop up- let me know if they dont.

And use google search ------lots of info there under Horner's syndrome too