Migraine Claim approved at 50% today after BVA remand

[MKAH]

Hello everyone,

Today I was on Ebenifits and saw that my Migraine claim had updated to 50%, bringing me up to 80% total.  VA.gov shows no information on this claim..?

I did some quick math and backpay will be about 22,068, less 500 for doctor exam and letter, and 4,413 for my attorney = 17,154.  

Anyway, I have not seen a direct deposit so I presume that large amounts take a little longer to process? 

 

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Total Combined Disability

You have a 80% final degree of disability. This percentage determines the amount of benefit pay you will receive.

How is this calculated

Add Disabilities

Submit a claim to make any updates to the disabilities that you believe are related to your military service.

Apply Now.

Rated Disabilities

Disability	Rating	Decision	Related To	Effective Date
tinnitus	10%	Service Connected		03/08/2011
migraines (previously addressed as headaches)	50%	Service Connected		08/01/2017
bilateral hearing loss	50%	Service Connected		02/11/2016

 

Edited April 24, 2020 by MKAH
formatting

[Hucast21]

Congrats!

May I ask how long did it take you from BVA hearing (if you had one) to decision?

[GBArmy]

MKAH Hey brother, if you are actually at 94 rounded down to 90%, I would try really, really hard to find one more disability. Just one more 10% might push you to 95 therefore 100 scheduler. Obviously much better , and you could still work no problem. Google your disabilities and find out if you may have symptoms that might result in a secondary. For example, GERD can be secondary to many meds taken to help with PTSD. Look up the symptoms of GERD and see if you have any issues with swallowing, acid reflux, etc.  See https://cck-law.com/blog/va-disability-benefits-for-gerd/ (diagnostic code 7346). This is just an example. Maybe you have something else you can connect secondary. Note that you need the symptoms current diagnosis, the med has to be on record for causing the distress, AND you have a nexus from a doc that says it caused your GERD. I'd go this route first before the TDIU path.

[MKAH]

6 hours ago, Hucast21 said:

Congrats!

May I ask how long did it take you from BVA hearing (if you had one) to decision?

Hi Hucast21,

See the timeline below for the Migraine claim.

Looks roughly like:
6  months for the claim to first denial
10 months for the denial SOC on the NOD
6 months for BVA approval
10 months for the RO to perform a C&P
3 weeks for RO to rate disability and send me notification via E-Benefits.

I called the VA "Peggy" on the 800 number.  She said from her view, I will be receiving multiple retro payments, but they are still in the approval process.

My PTSD claim has been ongoing since 11/14/15.  I have received a C&P via a remand from the BVA for the PTSD (see below link).  However, I am still waiting for the RO to determine service connection or not.

 

1. VA sent you a claim decision

   on July 12, 2018

    

    

2. VA received your Notice of Disagreement

   on July 30, 2018

    

    

3. VA sent you a Statement of the Case

   on May 28, 2019

    

    

4. VA received your Form 9

   on June 14, 2019

    

    

5. Your appeal was sent to the Board of Veterans’ Appeals

   on July 20, 2019

    

    

6. Board of Veterans’ Appeals made a decision

   on January 09, 2020

Edited April 25, 2020 by MKAH

[MKAH]

2 hours ago, GBArmy said:

MKAH Hey brother, if you are actually at 94 rounded down to 90%, I would try really, really hard to find one more disability. Just one more 10% might push you to 95 therefore 100 scheduler. Obviously much better , and you could still work no problem. Google your disabilities and find out if you may have symptoms that might result in a secondary. For example, GERD can be secondary to many meds taken to help with PTSD. Look up the symptoms of GERD and see if you have any issues with swallowing, acid reflux, etc.  See https://cck-law.com/blog/va-disability-benefits-for-gerd/ (diagnostic code 7346). This is just an example. Maybe you have something else you can connect secondary. Note that you need the symptoms current diagnosis, the med has to be on record for causing the distress, AND you have a nexus from a doc that says it caused your GERD. I'd go this route first before the TDIU path.

The only thing that I feel might be possible is i have a sever balance (vertigo) problem.  The VA treated me for Menieres Disease, however I still suffer from daily imbalance which has been well documented in my VA health record. 
The C&P physician that performed my migraine claim, commented to me that she was entering a notation that she thought my vertigo was a result of my Tinnitus.  In a few more weeks, me and my attorney I will see the Migraine C&P and determine if this information is sufficient to move forward with a new claim for vertigo, or file for TDUI un employability for combined 10% tinnitus, 50% hearing loss and 50% migraines.  As I mentioned before, I have not been able to work due to my SC disabilities since 3 Jan 2016.

[GBArmy]

You are already getting comp for tinnitus and hearing, so Diagnostic code 6205, in addition to those, a rating for peripheral vestibular disorder (DC 6204) is still on the table. Occasional dizziness is rated at 10%.Your VA doc wants to connect it as a symptom of  tinnitus. Since you already have the disability, no additional rating (pyramiding). You need a good IMO from a hearing specialist that says it is separate from tinnitus and attributable to PVD. You don't have headaches with all this going on? If you do, that would be rated separately also. As for TDIU, it might be easier to obtain, and the lawyers may want to go that route, but if you can get by scheduler, it still may be preferable. You can go for the TDIU if it doesn't work out, but you'll not be able to work. I'm hoping, and you are too, that someday you may improve enough to go back to gainful employment. Just trying to point out options for you.

[MKAH]

43 minutes ago, GBArmy said:

You are already getting comp for tinnitus and hearing, so Diagnostic code 6205, in addition to those, a rating for peripheral vestibular disorder (DC 6204) is still on the table. Occasional dizziness is rated at 10%.Your VA doc wants to connect it as a symptom of  tinnitus. Since you already have the disability, no additional rating (pyramiding). You need a good IMO from a hearing specialist that says it is separate from tinnitus and attributable to PVD. You don't have headaches with all this going on? If you do, that would be rated separately also. As for TDIU, it might be easier to obtain, and the lawyers may want to go that route, but if you can get by scheduler, it still may be preferable. You can go for the TDIU if it doesn't work out, but you'll not be able to work. I'm hoping, and you are too, that someday you may improve enough to go back to gainful employment. Just trying to point out options for you.

Thanks GBArmy

Thank you again for all the great advice.  I'll keep everyone up to date on any changes or updates.