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Need opinions will I get 30% for Migrains

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Bobalou

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I am currently rated 10% for post traumatic headaches, but they are more like migraine headaches had C&P and results are below.

2B. DOES THE VETERAN'S TREATMENT PLAN INCLUDE TAKING MEDICATION FOR THE DIAGNOSED CONDITION? Yes  Veteran takes Imitrex, propranolol

 3A. DOES THE VETERAN EXPERIENCE HEADACHE PAIN? 1B. SELECT THE VETERAN'S CONDITION (check all that apply): SECTION III – SYMPTOMS  YES  head pain Pulsating and throbbing

3B. DOES THE VETERAN EXPERIENCE NON-HEADACHE SYMPTOMS ASSOCIATED WITH HEADACHES? (Including symptoms associated with an aura prior to headache pain) (If "Yes," check all that apply):

YES

Nausea

 Sensitivity to light Sensitivity to sound

3C. INDICATE DURATION OF TYPICAL HEAD PAIN

Less than one day

3D INDICATE LOCATION OF TYPICAL HEAD PAIN

LEFT SIDE OF HEAD

4A. MIGRANE - DOES THE VETERAN HAVE CHARACTERISTIC PROSTRATING ATTACKS OF MIGRAINE HEADACHE PAIN?  YES

(If "Yes," indicate frequency, on average, of prostrating attacks over the last several months)

WITH LESS FREQUENT ATTACKS

 4B. DOES THE VETERAN HAVE VERY FREQUENT PROSTRATING AND PROLONGED ATTACKS OF MIGRAINE HEADACHE PAIN?  NO

 5A. 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?  YES

5B If Yes, are any of these scars painful or unstable; have a total area equal to or greater than 39 square cm (6 square inches); or are located on the head, face or neck?  NO

(If "No," provide location and measurements of scar in centimeters. LOCATION: MEASUREMENTS: Length cm X width cm  LEFT SCALP  L-4CM X W.02CM

6. ARE THERE ANY OTHER SIGNIFICANT DIAGNOSTIC TEST FINDINGS AND/OR RESULTS? NO

7. DOES THE VETERAN'S HEADACHE CONDITION IMPACT HIS OR HER ABILITY TO WORK? NO

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  • HadIt.com Elder

 Just my opinion but No you will probably remain at 10% Although a lot depends on how well the rater will read into the severity of your symptoms and documentation of the''FREQUENT PROSTRATING AND PROLONGED ATTACKS OF MIGRAINE HEADACHE PAIN ''

LOOK AT  QUESTION 4(b)  its marked   (X) No

check this link out it may help you on the rating criteria

Source : ''C  Cuddigan Law Firm''

http://www.cuddiganlaw.com/faqs/veterans-learn-how-the-va-rates-migraine-headaches.cfm

I am not an Attorney or VSO, any advice I provide is not to be construed as legal advice, therefore not to be held out for liable BUCK!!!

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Good answer, Buck.  The VA will use the applicable criteria.   You see this in BVA decisions.  The BVA states, "The criteria for a rating of in excess of 10 percent for migraines have (or have not) been met."

If you meet the criteria, then you should get the increase.  Of course, I dont know what your other medical evidence states, as far as how many migraines and how long they last, and whether or not they are "prostrating" headaches or not.  I think "prostrating" means they are severe enough you go to bed.  My wife has "prostrating" headaches..when she gets one, she is "out" for 3 days, and does nothing, even if its with her grandkids.  She makes ME call her daughter and tell them, "She has a migraine and is not coming this morning".  

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I will add that you should read the link Buck posted, it seems to explain well that your rating will be determined by the frequesncy and severity of headaches, once it is service connected.  

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Looks like you will remain at 10% bud. Good luck and keep us posted. God Bless

100% PTSD

100% Back

60% Bladder Issues

50% Migraines 
30% Crohn's Disease

30% R Shoulder

20% Radiculopathy, Left lower    10% Radiculopathy, Right lower 
10% L Knee  10% R Knee Surgery 2005&2007
10% Asthma
10% Tinnitus
10% Damage of Cranial Nerve II

10% Scars

SMC S

SMC K

OEF/OIF VET     100% VA P&T, Post 911 Caregiver, SSDI

 

 

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