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Migraine DBQ Increase


ArmyVet270

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Hello everyone seeking a bit of assistance on getting my migraine rating increased. I have service connection as 0% so have nexus. However over the last several months my migraines have been progressively worse. I was able to get my civilian doc to fill out my DBQ for me. Believe I will be in the 30% range from the CFR. I have all my supporting forms and will be including a migraine log. 

My question is would the supplement attached along with a signed DBQ, Highlighted diagnosis from service records, VA treatment record, medication list & current problem list be considered sufficient to request a reconsideration?

Thanks for any potential insight and have a great day!

 

Rating Increase Request for Ophthalmic migraine (SCT 95655001) & Migraine (SCT 37796009. My name is Veteran.  and I served in the U.S. Army on Active duty from 200#-20##. In this span of time I completed a Combat Tour for Operation Enduring Freedom in Afghanistan. When training for Deployment I began experiencing what was the beginning of Ocular Migraines with sustained aurora in service. My peripheral vision started to close in on me and within 15 minutes I find myself almost completely blinded and light makes everything worse. The translucent artifacts that cover my eyes flash violently and then floaters cover my full span of vision making it impossible to see, function, or be productive at all. My body is overcome with flashes of heat and makes it challenging to breathe normally. This further aggravates my anxiety and amplifies every whisper to sound like a scream. This results in me using a large amount of sick days, taking extended lunch breaks, and limits my ability to drive and be productive. The loss of vision is my warning sign that a debilitating Ocular Migraine is starting to take place. This occurs fast and my field of vision deteriorates my head starts throbbing, feeling like my head is being stomped on from all angles and then set inside a vice that keeps squeezing tighter that brings tears to my eyes.  I have to isolate myself as soon as possible and retreat to a completely dark and quiet room for hours until the pain passes culminating with me vomiting from the stress this places on my body. Once the pain starts to fade my visual field can take several hours to start to come back and it only does so very gradually over a span of 3-4 hours.

 

These debilitating events take place at least twice a week and can exceed that as one set of migraines tends to compound the onset of another. Since 2012 I have been experiencing progressively worse migraines and have been treated for them directly by my VA & Civilian Medical Physicians. We have tried a series of medications that seek to limit the interval at which they occur both preventatively and other medications that are for when attacks do occur. (Topamax Discontinued to adverse side affects). At the peak of my Ocular Migraines I was experiencing 6 or more a week and some medication has helped me control that to about 8 a month. Over the past several years I have not had 1 single peaceful week that migraines haven't taken me away from participating at my son or daughters recital, award ceremonies, or family days out. There has not been 1 single week that my Migraines have not taken me away from my job hurting my professional life & there has not been 1 single week where Migraines have not played a central role in my life negatively impacting my presence at important moments that I can never get back.  I am requesting that my rating be increased to be reflective of the compounding symptom’s and worsening condition that has taken place since 2012 by maintenance with constant medication (Amitriptyline 50 mg daily), (Sumatriptan 50 mgs daily) & (Naproxen 500 mgs daily). These conditions have had a significant impact on my life and are Service Connected as Ophthalmic migraine (SCT 95655001) & Migraine (SCT 37796009). Veteran U.S. Army SGT OEF Afghanistan Veteran

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Ok.  Here is the deal.  I dont usually recommend a reconsideration, but rather an appeal, that is, if your decision (VARO) was within the past 12 months.  So, if your decision is still appealable (within a year of the decision date), then appeal it.  If its over a year, then you probably should apply for an increase.  

Its not impossible to do BOTH:  File for an increase AND file a NOD.  

My recommendation would turn on "when was your VARO decision", that is, if it was within a year.  If its over a year, file for an increase.  Under a year, file an appeal (NOD).  I dont recommend filing a reconsideration UNLESS you are filing it with new and relevant evidence.  

Res judicata pretty much prevents you from getting a new decision, better than the old one, unless you have new evidence.  Of course, however, if you get a "de novo" review, this means a second decision maker can take a look at it without regard to the past decision makers decision.  In other words, VA frowns on you just appealing over and over, until you find a decision maker who is highly vet friendly and will award, when others would not, with the same evidence.  

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