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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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KiKi

Confused? 30% or 50% - Migraines C&P Exam

Question

Greetings,

I am trying to decipher if after I am granted service connection for migraines whether I will be possibly rated at 30% or 50%.  My C&P exam results below are a little contradictory.  If I go by the questions then it will probably be 30% because the C&P doctor marked "no" for severe economic inadaptability but he also marked "yes" for affects my ability to work - further sating that I miss several days a month and work with out pay due to migraines.  So if some one could please give me some guidance?  I know this is just your opinions based on your experiences and I need to wait for the big brown (white) envelope but it's just so confusing.  Please see c&p exam below

Headaches (including Migraine Headaches) Disability Benefits Questionnaire Name of patient/Veteran: Is this DBQ being completed in conjunction with a VA 21-2507, C&P Examination Request? [X] Yes [ ] No ACE and Evidence Review ----------------------- Indicate method used to obtain medical information to complete this document: [X] In-person examination Evidence Review --------------- Evidence reviewed (check all that apply):  [X] VA e-folder (VBMS or Virtual VA) [X] CPRS 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: G43.009 Date of diagnosis: 1993 2. Medical History ------------------ a. Describe the history (including onset and course) of the Veteran's headache conditions (brief summary): She noted the onset of headaches during basic training in 1993 after striking her head against a tree limb on a physical training exercise. Headaches are mainly left-sided and posterior with throbbing pain, accompanied by nausea, vomiting, photophonophobia, worse with movement. Headaches occur about 4 per month and last 1-2 days. She has used up all of her sick leave due to work absences due to headaches. She takes sumatriptan, which can be helpful, and also topiramate 100mg bid for headache prophylaxis. 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): Sumatriptan for acute headaches and topiramate 100mg bid for headache prophylaxis. 3. Symptoms ----------- a. Does the Veteran experience headache pain? [X] Yes [ ] No [X] Pulsating or throbbing head pain [X] Pain localized to one side of the head [X] Pain worsens with physical activity. 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 light [X] Sensitivity to sound c. Indicate duration of typical head pain [X] 1-2 days d. Indicate location of typical head pain [X] Left side 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 If yes, indicate frequency, on average, of prostrating attacks over the last several months: [X] Once every month b. Does the Veteran have very prostrating and prolonged attacks of migraines/non-migraine pain productive of severe economic inadaptability? [ ] Yes [X] No 5. Other pertinent physical findings, complications, conditions, signs, symptoms and scars ----------------------------------------------------------------------- a. Does the Veteran have any other pertinent physical findings, complications, conditions, signs or symptoms related to any conditions listed in the Diagnosis Section above? [ ] Yes [X] No b. 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 c. Comments, if any: No response provided. 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: She misses several days per month from work due to headaches and currently has used all of her sick leave and has had to borrow sick leave and work without pay. 8. Remarks, if any: ------------------- No remarks provided. ****************************

Thanks in advance folks. KiKi

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On 6/27/2019 at 3:26 AM, Buck52 said:

Vetquest is correct   expect a low rating.

However I notice these raters are not just only going by theses C&P Exam Notes ,but more as to what the Dr's opinions/reports are saying.... believe it or not.

let us know what they rated you on this.

Update:  ok according to ebenifits they apparently approved the migraines at 30% today.  They have an effective date of 11/1/2018 but my previous claim that was denied was back in 2002 and I reopened the claim in January 2019. So I’m a little confused. Anyway This combined with previous ratings makes me 100% effective 11/1/2018 according to ebenifits today.I have not received the BBE.. in fact I am quite confused because my claim was in PRep for notification this morning after lunch I see 100% confirmed in the ab8 and a new ab3 for commissary but my claim went back to gathering evidence and now wont be complete until December 2019. Yes I had other contentions but I have gone to cp  exams for them already so I dont understand what is occurring. Any thoughts would be helpful. Does this mean they will hold out on the retro pay until December too?  So confused. Thanks in advance. 

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No on can really truly understand what the VA is doing behind the curtain.  Your date may be the expected date of completion.  Ebenefits may be wrong but I hope it is not for your situation.  I would call the Board and find out what they are doing if you do not have a representative.  Otherwise ask your rep what is going on.

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Posted (edited)

After you get your BBE Read the reason and bases of ''what we decided''  check the dates???...you should '' try'' &appeal the EED from  11-1-2018  BACK TO 2002, (but more than likely will be denied..(.jmo)  remember we lose the EED if we reopen a claim  so this is why the are going to the 11-1 -2018  the date you reopen the claim....with new and meterial evidence

please note*

If you reopen a VA claim and benefits are granted, VA generally considers the effective date (i.e. the date from which you begin receiving benefits) to be the date you filed a request to have the claim reopened, not the date of the original claim. Any retroactive benefits you receive will be from that more recent effective date.

source:cck attorney's

Note* I been a little under the weather here lately I got new meds from MH and they are kicking my assperolo pretty good  I have problems thinking and remembering.  so please recheck any advise I give...I apologize for this.

Edited by Buck52

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Posted (edited)

''IF THE VA IS SAYING THINGS LIKE''

'' Your claim is'' being held in Abeyance'' that usually means they deferred your claim back to your R.O....It means fix this veteran claim now!

All this crapola just delays our claims  its just the VA way of doing things.

As vetquest mention if you have a Rep helping you ask him/her to find out about all this?...they should find out for you and let you know what all is going on.

Also don't worry about what e benefits says  we can't trust that,   they have to put something down and its usually wrong  or they are just guessing...look for your BBE Anyday now.  not Dec 2019

Edited by Buck52

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