dodger Posted March 14, 2020 Share Posted March 14, 2020 Will having successful Botox that reduces my frequency and severity reduce my migraine rating Link to comment Share on other sites More sharing options...
1 Adminstrator ShrekTheTank Posted March 14, 2020 Adminstrator Share Posted March 14, 2020 The question is does the VA consider this a FIX? or is it an on going medication where you will have to get it again. I am totally guessing here, but that would be logical to me. Link to comment Share on other sites More sharing options...
1 Moderator broncovet Posted March 14, 2020 Moderator Share Posted March 14, 2020 Short answer: Dont worry about a reduction due to medications. Longer answer: I looked at the criteria and did not see anything about "response to medications" You look for yourself, tho, dont take my words for it: https://www.law.cornell.edu/cfr/text/38/4.124a The critieria for reductions, however, is that they have to prove "actual improvement under ordinary conditions of life". Read it here: https://www.law.cornell.edu/cfr/text/38/3.344 Well "ordinary" people dont take migraine medications to reduce the frequency of migraines. I dont. For that reason, my opinion is that a judge would rule in your favor if the VA did a reduction purely on the bases of medications controlling your migraines and reducing their frequency to a lower criteria level. I use the "wooden leg" example. Ok, so you lose your leg in an IED. VA fits you with a wooden prosthesis, and you are able to do many things, eventually, with the prosthesis that you did in the past. So, VA tries to reduce your "loss of use of leg" because you are just fine using the wooden leg, right? NO!!! If wooden legs could replace our natural legs and we could do all the same things we did before, then why dont they just amputate knee problem patients and give them all wooden legs? Of course, the reason is because "even a human leg with some severe problems" is still better than a wooden leg. Doctors dont cut off legs of people with knee arthritis, because they know they would realize how much they did miss that leg, and sue the doctor for cutting it off and win. Link to comment Share on other sites More sharing options...
0 HadIt.com Elder GBArmy Posted March 14, 2020 HadIt.com Elder Share Posted March 14, 2020 Bronc An even more common example, and there are many, is hearing aides. If you are rated for a hearing disability, and then they issue hearing aides to you, they don't then reduce your rating because of the hearing aides assistance. Wouldn't make sense. broncovet 1 Link to comment Share on other sites More sharing options...
0 dodger Posted March 14, 2020 Author Share Posted March 14, 2020 Thanks for your replies. That all makes perfect sense to me. Link to comment Share on other sites More sharing options...
0 dodger Posted March 14, 2020 Author Share Posted March 14, 2020 Thanks for the links broncovet Link to comment Share on other sites More sharing options...
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dodger
Will having successful Botox that reduces my frequency and severity reduce my migraine rating
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Bronc An even more common example, and there are many, is hearing aides. If you are rated for a hearing disability, and then they issue hearing aides to you, they don't then reduce your rating because
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