4753 Headaches: Its Getting Interesting

[Fat]

In our veteran group, Mark, wants to file a supplemental claim for headaches.

He was originally denied secondary connection to Vertigo around the 2011-2012 time frame.

He had two episodes for headaches due to cold symptoms and one episode of head pain caused by heat while in the Marine Corp.

He went for a C&P Exam in late 2011 and was diagnosed with vascular migranes by the C&P examiner.

He was denied secondary service connection due to no medical relationship between headaches and vertigo.

 

He is consulting with his primary physician for treatment and is wondering if direct service connection is the best way forward.

He will use the military service records, C&P examiners diagnosis, and a current diagnosis as the foundation for direct connection.

The group reiterated make sure the current diagnosis include all sypmtoms, residuals, and problems he is dealing with.

 

Is he on the right track??????

 

All comments are welcomed.

[Fat]

Thanks for the comments and all opinions are welcomed.

I think the veteran simply is deciding between the secondary service connection route vs the direct service connection route.

Be cognizant often times diagnosis on active duty are correct, but basic in nature.  The underlying disease, injury, or symptomology is undiscovered until more comprehensive testing is done.

Often times much later in life.

Example: calcium deposits from a broken bone not properly healed, slap tear of rotator cuff which developed into a full tear years later, small disc bulge which develops into a herniated disc or radiculopathy, nose trauma which turns out to be a deviated septum and contributes to sleep apnea, etc

Another example I give is nasal congestion. A correct diagnosis; however more in depth testing indicate sinusitis, enlarged adenoids, deviated septum, etc.

The key in the Caluza standard is a military incident or like incident of injury/sickness.

The like incident opens the door to service connection; however a diagnosis (by verifiable means including residual affects) and nexus statement medically connecting the incidents pushes the claim forward.

I am not a doctor, but a headache is indication of some medical issue and maybe more intensive discovery might uncover why his head hurt at any period in his life.

 

[pacmanx1]

Direct or Secondary, as stated for Direct you will need the Caluza Standards and as for Secondary you are going to need some type of already service-connected condition with a good medical rationale.  A simple diagnosis will not do, it must connect the condition to something that VA has already granted service-connection. 

[broncovet]

This Veteran (Mark) will need a nexus statement from a doctor, as already pointed out.  A nexus statement "pre supposes" there is an In service event or aggravation.  If there is no in service event or aggravation, then there cant be a nexus.  

Exception to the above:  Secondary service connection.  "If" Mark has already documented his primary SC, then he need not duplicate that.  The Caluza elements for secondaries consits of 2 elements, not 3:

1.  Current diagnosis. 

2.  Nexus between current diagnosis and primary condition.  

Example:  "If" a doctor says that Mark's Vertigo is "at least as likely as not" causing migraine headaches, you should be good to go.  

If you do not have a nexus, either as primary or secondary, Mark will need one before he gets SC.  This can be done by a VA doctor, or a physician in private practice, such as an IMO/IME.  

[USMC_VET]

16 minutes ago, broncovet said:

This Veteran (Mark) will need a nexus statement from a doctor, as already pointed out.  A nexus statement "pre supposes" there is an In service event or aggravation.  If there is no in service event or aggravation, then there cant be a nexus.  

Exception to the above:  Secondary service connection.  "If" Mark has already documented his primary SC, then he need not duplicate that.  The Caluza elements for secondaries consits of 2 elements, not 3:

1.  Current diagnosis. 

2.  Nexus between current diagnosis and primary condition.  

Example:  "If" a doctor says that Mark's Vertigo is "at least as likely as not" causing migraine headaches, you should be good to go.  

If you do not have a nexus, either as primary or secondary, Mark will need one before he gets SC.  This can be done by a VA doctor, or a physician in private practice, such as an IMO/IME.  

So that its more clear, Is the veterans allready service connected for Vertigo? can you give us a list of what is he is currently SC'd for & %