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    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
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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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90% , need advice to get to 100%


Question

Any advice will be appreciated.

Here is what I have:

70% PTSD with panic attacks 

50% sleep apena

30% IBS

30% migraine including migraine variants (also claimed as headaches), residuals of traumatic brain injury.

( the professional thing re: a migraine rating is that.....going into the BVA process, i did not have a migraine rating. I did have a 10% TBI rating. The law judge found the migraine diagnosis in my reccords, ordered another TBI eval, and once the eval was done, my 10% TBI was changed to 30% migraine.

I need to get to 100% P & T. The route i want to take is get my 30% migraine up to a 50% migraine.

I know the elements that need to be proven, at least i think i do, re: proving economic hardships ( migraines affecting employment, etc.), but i am looking for specific advice/ help here.

- I have a co- works statement ( non military).

- my attorney is saying he wants a migraine log.?

any other pointers please?

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A migraine log will help , also make sure you are seen by a medical doctor when you experience a migraine.  Purchase a softball cap and dark glasses to help with bright lights.  

90% rating is a bitch... Just sayin, Hamslice  

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Are you unemployed/unemployable?  This suggests TDIU.  However, your attorney knows more about you than we do, to know if you meet a higher criteria or not.  

My "first" idea would be to file an increase on PTSD "provided that" you meet the critieria for 100 percent.  Total occupational/social impairment.  

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A migraine log will help , also make sure you are seen by a medical doctor when you experience a migraine.  Purchase a softball cap and dark glasses to help with bright lights.  

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All the above advice is great and I would follow it.

 I assume you are working?  If not listen to Bronco's advice above.

If so the Migraine route is probably the way to go.  Keep a detailed log of how often and intensity and what you have to do to deal with it!  Also any medications you take to deal with it and how much it impacts the work day.

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On 6/23/2020 at 12:41 PM, goaltender said:

Any advice will be appreciated.

Here is what I have:

70% PTSD with panic attacks 

50% sleep apena

30% IBS

30% migraine including migraine variants (also claimed as headaches), residuals of traumatic brain injury.

If you get increased from 30% to 50% for migraines, your combined disability rating would be “94” which would round down to 90%. Strategically speaking, you would want to file a claim for increase when you are pretty sure the award would get you to the next “tier level” so to speak, which for you would be going from 90% to 100% and not staying at a combined 90% after an increase.

It is possible to go from 30% to 60% for IBS, but that would depend on what diagnostic code the VA rated you under for IBS (it is capped at 30% unless you have gastritis or GERD symptoms which would warrant a higher rating under another diagnostic code).

Increasing the migraines to 50% and increasing the IBS to 60% along with your 70% PTSD and 50% Sleep Apnea ratings would put your combined disability rating at “97” which would round up to 100% scheduler.

Of course you can also go the “TDIU” route as well. Go with the option that is most advantageous to you. Hang in there!!!

 

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