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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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armyvet05

AMA Supplemental Time

Question

Hello and thanks for reading. Please offer any opinions as to my going back to Supplemental Claim. Denied in Oct 2019 for Sinus Headaches sec. to Chronic Sinusitis. The VBA never looked at my private nexus but they did my private DBQ. Appealed for HLR but denial continued. EX-VSO dropped the ball on Conference Call. 

Will File Supplemental with new and material evidence as VARO never looked at my physicians’ nexus combined with DBQ.

Any thoughts? 

F07-E50-F8-655-F-40-EA-BAD8-160-ACFF2-E6

EC0-CFBB0-12-C6-4-E57-A795-02878970-CA6-5939699-C-E3-F4-44-E7-B83-F-270-D3-F4-D1

0-EBD3-F22-CCF4-4348-BE89-EA56-B54-FA7-E

From my private Drs IMO and DBQ

A28-F4387-3120-4-D03-A573-DBC2916-FA47-FD21898-A8-9-AB1-4094-A33-D-7-B30-D144-FDF81-F8-CD0-B318-4034-981-E-444-EBF4-ED491-D9-A5-FAE-CE64-47-C3-AECA-E6269407901-

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I understand what you are trying to do and it "may" work, but I do have my doubts.  

It looks like you are wanting the VARO to give a different decision the "third" try.  VARO already denied, then supplemental claim, denied.  Instead of going to the VARO 3 times, my advice is to appeal to the BVA.  

The BVA decision makers are required to be fluent in "visual interpretation of English letters".   That is, they can read unlike VARO's.  To train as a rating specialist they show you a rubber stamp 'labled" denied, along with the ink, and train them to mark "denied" on each Vets claim.  There is no reason these people need to know how to read.  The letters "DENIED" have an arrow going up, so the rating specialist can tell whether the rubber " claim denied" stamp is upside down.  

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For what it's worth, I am SC for both sinusitis and migraines, so I am familiar with the rating criteria and symptoms of both. Sinus/regular headaches are significantly different than migraines. 

 

Here are my concerns about the IMO/DBQ:

Under SECTION II - MEDICAL HISTORY. "He also endorses migraine headache, but these are different...began after separation, and are not addressed in this report." This part says you indicate having migraines, but doesn't develop the contention.

Under SECTION III - SYMPTOMS, 3B is checked NO, which are symptoms frequently experienced by migraine sufferers.

Under SECTION IV - PROSTRATING ATTACKS OF HEADACHE PAIN, 4A migraine/prostrating is checked NO, but 4B non-migraine/prostrating is checked YES. 

 

 

Migraines tend to have different phases. Look up premonitory, aura, and postdrome phases to learn more.

Migraine symptoms also differ. For you, absence of notable symptoms under 3B and 4A are probably key obstacles to getting a migraine rating. Migraines impact the body differently and can be very debilitating. Mine can literally take me out of commission and residual symptoms can last for hours or days. They cause me to have nausea, sensitivity to light/sounds/smells, blurred vision, nausea, and intense throbbing pain on the sides of my head that goes down my neck into my arms and hands. The best way I could describe it is as being a tormenting experience. I wanted to give you an idea of what I have notices.

The rating decision did hint that some of your sinus headaches may in fact be migraines. It is very likely you do get them, but might have attributed the symptoms to something other than a migraine. Learn more about them and consider keeping a migraine diary. For example, when you feel one coming on, keep track of how long it lasts, what makes it better or worse, and most importantly the specific symptoms. My migraines did not really begin until after the military extracted my third molars and left me with TMJ. When I filed my claim years later, I included a migraine diary containing about three months of notes.

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Posted (edited)
29 minutes ago, broncovet said:

I understand what you are trying to do and it "may" work, but I do have my doubts.  

It looks like you are wanting the VARO to give a different decision the "third" try.  VARO already denied, then supplemental claim, denied.  Instead of going to the VARO 3 times, my advice is to appeal to the BVA.  

The BVA decision makers are required to be fluent in "visual interpretation of English letters".   That is, they can read unlike VARO's.  To train as a rating specialist they show you a rubber stamp 'labled" denied, along with the ink, and train them to mark "denied" on each Vets claim.  There is no reason these people need to know how to read.  The letters "DENIED" have an arrow going up, so the rating specialist can tell whether the rubber " claim denied" stamp is upside down.  

Thank you. Do I need to re-submit Evidence VBA has but doesn’t read or 4138 the situation or just file the BVA appeal form and come back in few years? 

I will do all three.

 

Edited by armyvet05

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39 minutes ago, Vync said:

For what it's worth, I am SC for both sinusitis and migraines, so I am familiar with the rating criteria and symptoms of both. Sinus/regular headaches are significantly different than migraines. 

 

Here are my concerns about the IMO/DBQ:

Under SECTION II - MEDICAL HISTORY. "He also endorses migraine headache, but these are different...began after separation, and are not addressed in this report." This part says you indicate having migraines, but doesn't develop the contention.

Under SECTION III - SYMPTOMS, 3B is checked NO, which are symptoms frequently experienced by migraine sufferers.

Under SECTION IV - PROSTRATING ATTACKS OF HEADACHE PAIN, 4A migraine/prostrating is checked NO, but 4B non-migraine/prostrating is checked YES. 

 

 

Migraines tend to have different phases. Look up premonitory, aura, and postdrome phases to learn more.

Migraine symptoms also differ. For you, absence of notable symptoms under 3B and 4A are probably key obstacles to getting a migraine rating. Migraines impact the body differently and can be very debilitating. Mine can literally take me out of commission and residual symptoms can last for hours or days. They cause me to have nausea, sensitivity to light/sounds/smells, blurred vision, nausea, and intense throbbing pain on the sides of my head that goes down my neck into my arms and hands. The best way I could describe it is as being a tormenting experience. I wanted to give you an idea of what I have notices.

The rating decision did hint that some of your sinus headaches may in fact be migraines. It is very likely you do get them, but might have attributed the symptoms to something other than a migraine. Learn more about them and consider keeping a migraine diary. For example, when you feel one coming on, keep track of how long it lasts, what makes it better or worse, and most importantly the specific symptoms. My migraines did not really begin until after the military extracted my third molars and left me with TMJ. When I filed my claim years later, I included a migraine diary containing about three months of notes.

I thank you and I’m tracking. Valette and Team saw the file, I broke my orbital socket and max sinus cavity from blunt trauma, well documented in service as we had a brawl at Aberdeen Proving Grounds that left every body jacked up. Even drills. Hell,  they closed it down after that and moved to Lee. Have post service TBI but SC Ears, Face and Cervical Compression Fracture C7-8 T1. 

Dont know now how to claim it?

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14 hours ago, armyvet05 said:

I thank you and I’m tracking. Valette and Team saw the file, I broke my orbital socket and max sinus cavity from blunt trauma, well documented in service as we had a brawl at Aberdeen Proving Grounds that left every body jacked up. Even drills. Hell,  they closed it down after that and moved to Lee. Have post service TBI but SC Ears, Face and Cervical Compression Fracture C7-8 T1. 

Dont know now how to claim it?

Ouch, that must have hurt.

You would need to look up the rating criteria to see what might be able to be claimed as secondary to it or any residuals.

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    • Enough has been said on this topic. This forum is not the proper forum for an attorney and former client to hash out their problems. Please take this offline
    • Peggy toll free 1000 last week, told me that, my claim or case BVA Granted is at the RO waiting on someone to sign off ,She said your in step 5 going into step 6 . That's good, right.?
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    • I took a look at your documents and am trying to interpret what happened. A summary of what happened would have helped, but I hope I am interpreting your intentions correctly:


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