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Migraine Claim approved at 50% today after BVA remand

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MKAH

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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? 

 

********************************************************************************************************************************
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 by MKAH
formatting

Former, EFMB Combat Medical Specialist  
SC Tinnitus 10%, SC Hearing Loss 50%, SMC-K
SC Headaches (Migraines) 50%, SC PTSD 70% adjusted down to ZERO %  by RO
Total SC = 80% (VA Math)

USARMYPIC.jpg

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MKAH

There are no limits on the # of claims a veteran can file, if you have any condition that is service related or happen while you were in the military please file on them ASAP SECONDARY CLAIMS are good to file on   if you have any condition that is service connected and that condition causes you to have another condition disabling you  file for that...

example  PTSD  if you have a rating for PTSD and you start to have another condition arise..say sleep apnea ALTHOUGH you may not had any medical records about osa problems (sleep apnea) while in military but you have sleep apnea now perhaps your spouse notice you stop breathing while sleeping...well the PTSD Meds CAN CAUSE THIS OR BE RELATED TO 

If this happens just mention it to your VA Dr and ask him/her to refer you to the sleep clinic..you get a diagnose for OSA (SLEEP APNEA)  Then you can file a secondary claim to your S.C. PTSD Claim  if you are prescribe a c-pap machine to use medically for your health and well fare  its a 50% rating  right off the bat...you get enough ratings you can possibly qualify for the SMC (SPECIAL MONTHLY COMPENSATION)

100% RATING  AND ANOTHER 60% RATING WOULD MEET THE CRITERIA FOR SMC..ALSO COMBINED RATINGS CAN GET YOU ON UP THERE.

I am not an Attorney or VSO, any advice I provide is not to be construed as legal advice, therefore not to be held out for liable BUCK!!!

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32 minutes ago, Buck52 said:

MKAH

There are no limits on the # of claims a veteran can file, if you have any condition that is service related or happen while you were in the military please file on them ASAP SECONDARY CLAIMS are good to file on   if you have any condition that is service connected and that condition causes you to have another condition disabling you  file for that...

example  PTSD  if you have a rating for PTSD and you start to have another condition arise..say sleep apnea ALTHOUGH you may not had any medical records about osa problems (sleep apnea) while in military but you have sleep apnea now perhaps your spouse notice you stop breathing while sleeping...well the PTSD Meds CAN CAUSE THIS OR BE RELATED TO 

If this happens just mention it to your VA Dr and ask him/her to refer you to the sleep clinic..you get a diagnose for OSA (SLEEP APNEA)  Then you can file a secondary claim to your S.C. PTSD Claim  if you are prescribe a c-pap machine to use medically for your health and well fare  its a 50% rating  right off the bat...you get enough ratings you can possibly qualify for the SMC (SPECIAL MONTHLY COMPENSATION)

100% RATING  AND ANOTHER 60% RATING WOULD MEET THE CRITERIA FOR SMC..ALSO COMBINED RATINGS CAN GET YOU ON UP THERE.

Thank you sir.  I am going to give myself the weekend to unwind a bit.  This process has been very draining and difficult for me, as I expect it has been for other disabled Veterans?  

Former, EFMB Combat Medical Specialist  
SC Tinnitus 10%, SC Hearing Loss 50%, SMC-K
SC Headaches (Migraines) 50%, SC PTSD 70% adjusted down to ZERO %  by RO
Total SC = 80% (VA Math)

USARMYPIC.jpg

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If you have not applied for SSDI and you are still not working, I suggest that you file for it.  Make sure that you get the benefits that you earned.  Please forgive me for not being sensitive but IMHO, anyone that has a severe mental health condition should really consider filing for SSDI. The fact of dealing with (stupid) people and work related stress could cause or trigger an episode.  As stated I am not trying to be a jerk, I am just trying to help. 

My intentions are to help, my advice maybe wrong, be your own advocate and know what is in your C-File and the 38 CFR that governs your disabilities and conditions.

Do your own homework. No one knows the veteran’s symptoms like the veteran. Never Give Up.

I do not give my consent for anyone to view my personal VA records.

 

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7 hours ago, MKAH said:

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

Hi MKAH,

The VA loves denying service-connection for migraines, and I am in a similar situation. I was diagnosed with migraines in the service and continue receiving treatment from the VA. I too, was denied on initial claim, denial SOC on NOD, and now my claim goes before the BVA. I am also claiming depression secondary to migraines as I have been hospitalized with suicidal thoughts multiple times over the years when I get severe migraines.

It is sad how us veterans need an IMO in order to win our claim. I am also going for TDIU.

Thank you for the reply.

Edited by Hucast21
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5 hours ago, pacmanx1 said:

If you have not applied for SSDI and you are still not working, I suggest that you file for it.  Make sure that you get the benefits that you earned.  Please forgive me for not being sensitive but IMHO, anyone that has a severe mental health condition should really consider filing for SSDI. The fact of dealing with (stupid) people and work related stress could cause or trigger an episode.  As stated I am not trying to be a jerk, I am just trying to help. 

Hi pacmanx1,

Yes, I have been drawing SSDI since early 2016 for PTSD and went thru a CDR at the three year mark.  I am not sure if stupid people bother me more than unpredictable people though.  :) 

Thank you for the suggestions.

Former, EFMB Combat Medical Specialist  
SC Tinnitus 10%, SC Hearing Loss 50%, SMC-K
SC Headaches (Migraines) 50%, SC PTSD 70% adjusted down to ZERO %  by RO
Total SC = 80% (VA Math)

USARMYPIC.jpg

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3 hours ago, Hucast21 said:

Hi MKAH,

The VA loves denying service-connection for migraines, and I am in a similar situation. I was diagnosed with migraines in the service and continue receiving treatment from the VA. I too, was denied on initial claim, denial SOC on NOD, and now my claim goes before the BVA. I am also claiming depression secondary to migraines as I have been hospitalized with suicidal thoughts multiple times over the years when I get severe migraines.

It is sad how us veterans need an IMO in order to win our claim. I am also going for TDIU.

Thank you for the reply.

Killer headaches in conjunction with mental disorders are a real problem for sure....as I am a member of that club. 
A BVA judge determined the service connection for my headaches, then returned my claim to the Region Office who then hired a contractor to do the C&P. 

I wish you well sir.

Former, EFMB Combat Medical Specialist  
SC Tinnitus 10%, SC Hearing Loss 50%, SMC-K
SC Headaches (Migraines) 50%, SC PTSD 70% adjusted down to ZERO %  by RO
Total SC = 80% (VA Math)

USARMYPIC.jpg

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