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AllTheWay

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Greetings family. Maybe some can answer my question about claims with a 0 rating. These are my rated claims from bennies.

PTSD-70 with anxiety depression

Bilateral pes Planus-50

left shoulder-20

Tinnitus-10

eczema-0

dyssomnia otherwise claimed as insomnia- 0

I am planning on asking for an increase on all of the 0 rated disabilities and my question is for the insomnia, will it be rated under PTSD or since I have a separate rating of 0, can that be increased.

My intentions are and increase on insomnia as well, and also I am adding migraines secondary since that I have been diagnosed and is receiving treatment from the VA and also in the VA notes, its states that my migraines can be caused by the lack of sleep. 

Any advice?

 

Thank you 

 

 

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  • HadIt.com Elder

If you could remove/redact your name, ssn, etc and post your decision letter, it would make things clearer. What is your total combined rating, 70%?

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@GBArmy.  I do not have a decision letter just yet.  I have not pushed the button to file that claim but I do have an intent to file.

My combined rating is 89 which we all know it rounds up to 90. I was trying to work on my 0 ratings right now and insomnia is one of my 0 ratings. It is not listed as secondary, just sc. I was thinking of trying to get an increase on insomnia and claim migraines as a secondary to insomnia and other service connected conditions. Not sure if this would work.

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  • HadIt.com Elder

AllTheWay, I think you are getting a little ahead of yourself. We say it over and over here on Hadit. Ebenies is just too unreliable, or incomplete, or inaccurate, etc. You need to see your decision letter. I understand what you are trying to do and I applaud it. Get ahead of the curve; what's next you can s-c. Great. Yes, headaches can be secondary to migraines. Just research it just like that. But, you know, you aren't a doc, so your medical opinion isn't going to carry much weight. So if you don't have nexus from a VA doc, your going to have to get a IMO and a dbq from an outside specialist. Maybe you could start sourcing that while your letter is stuck in snail mail.(Just to keep you ahead of the curve:)

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You guys are right. Ebennies is unreliable. I should just stay away from that site. But VA.gov do not give us our disability page like ebennies does.Thats the only reason I go to that site.

As far as a decision letter, I do not have that decision letter being that it was 2009 when I had filed that claim, many moves after that and I have missed placed it so therefore I am awaiting for my c-files to actually read and study it.

Some things that I should have done better but I do learned from mistakes. My VA PCP did diagnosed me with migraines but like you all said, I need a medical opinion as to why I get them. No doctor in the great state of Michigan is willing to provide such Imo/ime.

I did have an incident in service that could have caused TBI. I had a vehicle rollover while in service. I did have to go to the ER, but unfortunately the trauma team did not check me for head injuries. A rollover, imagine that. My rep told me to file for that and add the migraines as secondary. That did not work out too well. I did even get offered a C&P exam. 

I was told to try and connected it to tinnitus, that didn't go well either. The examiner which was a Neuro did state that I had head trauma and also did a good write up for migraines but the opinion killed it. Tinnitus is sensory and migraines are not.

So now my rep see that I have a 0 for insomnia and wants me to try to connect it that way. I am a little hesitant being that I have been denied a few times.

I do have MRI's and test that confirms migraines. But getting it SC'd is the hardest part.

I am currently employed but all of that is going to change soon by al of the pain that my body have and all of the days missed from work.

 

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  • Moderator

You posted:

Quote

 My VA PCP did diagnosed me with migraines but like you all said, I need a medical opinion as to why I get them. No doctor in the great state of Michigan is willing to provide such Imo/ime.

 

Whoa, HOSS!   There are doctors who will review your records and write you an IMO nationwide, you dont necessarily have to travel outside of Michigan.  Vets do that all the time.  Dr. Bash, for example, does IMO's and there are many others!  Dr. David Anaise, who is an attorney and MD does them also. EVEN if you did have to travel out of Michigan, it would be well worth your trip if you got your benefits!!!

You also posted:

Quote

 I did have an incident in service that could have caused TBI. I had a vehicle rollover while in service. I did have to go to the ER, but unfortunately the trauma team did not check me for head injuries. A rollover, imagine that. My rep told me to file for that and add the migraines as secondary. That did not work out too well. I did even get offered a C&P exam. 

Now we are getting somewhere!!!   To get benefits you need to meet the CALuza elements, no more, no less:  Current diagnosis (not necessarily a diagnosis in service!).  In service event, and nexus.  Ok.  So you went to the ER for a vehicle rollover documented in your records.  That sounds like an "in service event" to me.  

So, you need 2 more things:  Current diagnosis of TBI ( a doctor can do that now) AND

A doctor can opine:  "This Veterans TBI is at least as likely as not" due to a rollover MVA in service. 

For example, if you did not have anything after service that could have caused your TBI, then its easy for a doctor to say (if hes your doc and you are paying him, not one paid by VA) the above statement.   

So, you have 2 choices here:

1.  "Not" persue benefits and not get awarded them, that is, do nothing. 

2.  GET all 3 caluza elements documented (this may mean you have to pay for a doctors medical opinion, that is, a nexus), and get your benefits.  

 

      My son in law just got SC for TBI.  He has shrapnel IN HIS HEAD from an IED in service.  That's his documentation of an "in service event".  A rollover accident should suffice.   It does not take a rocket scientist to figure out if your vehicle rolls over, you could get hit in the head!!  Now, it would be better if the docs checked you and found evidence of tbi in service, but you still have an in service event!!!

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