Percentage of Service Connection Based on Current status or Severity

[blahsaysme2u]

I just had a very interesting conversation with my VSO and wanted to check out the truth of the matter. I have never heard this argument nor does it make sense to me. 

I am trying to get an increase for my migraine headaches. I was having headaches 3-4x a week! with at least 1 prostrating(i would not be able to do anything, would have to go lay down and be away from noise or light or distraction due to the pain etc). I filed for migraine claim and they denied at first then gave me 0%. Now i am trying for increase. Now my VSO says i will never get the increase because i am on medication.

I have been seeing a neuro doc at the va that gave me meds that have been a miracle. I have not had a migraine in a few months now. It has been amazing. 

so my question: i don't see how getting treatment for something changes how my va rating should be. if i lost a limb and they gave me a prosthetic, they wouldn't take away Service Rating or decrease that? How about sleep apnea; I dont get less service connection because i use a CPAP, i get more?!?!? shouldn't the fact that i require medication for the rest of my life to manage migraines show a worse condition? My VSO said its the same with blood pressure, that if you take meds and its managed then you lose your SC. is any of this true? 

I gave a hypothetical: what if they discover a magic pill that cures all us vets from PTSD but we have to take these pills for the rest of our lives. that means we would all loose our service connection for PTSD if we start taking them? what if we missed a dose? what if they get lost in the mail? (which has happened with my meds plenty)

i just can't wrap my head around this flawed logic of a treated disability is no longer a disability. 

Thanks guys

[blahsaysme2u]

so an update. 

now my VSO is saying that if i want to submit, i need to get a letter from my doctor because they have already reviewed my medical records and decided 0% on migraines. so i need new and relevant evidence. i dont understand this since the doctor i see is a VA doctor, all my records with him should have been reviewed and he noted how many headaches i was having and how they affected me and the medication i am being treated with. why do i need to do anything else. i dont think they actually saw my records but bc it was in my decision letter, my VSO is adament that they have already reviewed my records and there is "nothing more i can do without new evidence" 

anyone else think this is wrong. cant i do HLR or even BVA without new evidence?

[GBArmy]

Blahsaysme2U If you are rated at o%, then you are service connected. Check. All you now have to do is match up with the symptoms for rating purposes. I would suggest you post the decision letter and we can see the reason for your low ball. If you provided records (or your doc did) showing frequency, duration, etc. then that would be the evidence going into the C&P exam. If your condition has improved, and you don't have prostrating anymore, that is a key. Once a month is equal to 30%, once every 2 months is 10%. Not having them anymore due to the meds, means 0%. That is the same reason that they have regular re-eval done on veterans; if the disability gets worse, you get an increase, if it gets better, you can possibly get a decrease. Now, that said, you could appeal and if you could get a EED, you could in theory get back pay for the time prior to the meds started to work. Not sure, but I would expect you couldn't get it at HLR, so it would be BVA. Not great news for you regarding compensation, but at least you are feeling better with the meds. One suggestion I have is to research the new med and see if there are any adverse affects from using it. ex. causes stomach or gerd issues. Or high b/p, etc. Or, you could do this; accept the 0%. Stop taking the meds. After documenting it with your doc and keeping a log, submit an appeal on increase disability symptoms. I'm not sure I would do that myself.

[Buck52]

11 hours ago, blahsaysme2u said:

so an update. 

now my VSO is saying that if i want to submit, i need to get a letter from my doctor because they have already reviewed my medical records and decided 0% on migraines. so i need new and relevant evidence. i dont understand this since the doctor i see is a VA doctor, all my records with him should have been reviewed and he noted how many headaches i was having and how they affected me and the medication i am being treated with. why do i need to do anything else. i dont think they actually saw my records but bc it was in my decision letter, my VSO is adament that they have already reviewed my records and there is "nothing more i can do without new evidence" 

anyone else think this is wrong. cant i do HLR or even BVA without new evidence?

Once you’ve established a service connection for your current disability, the VA Regional Office will compare the symptoms and impact of that condition (using  your medical records and examinations) to the criteria listed in the VA  Schedule of Disability Ratings.

By law, when determining the percentage for your rating the VA can only consider the criteria contained in the Diagnostic Code for the given disability – – to do otherwise is error.

Unless the effects of medications are specifically included in the impairment rating criteria for your condition, the VA is NOT allowed to consider whether a particular medication moderates a Veteran’s condition in determining the degree of disability.

Source: VLB (Attorney Chris Attig)

[blahsaysme2u]

21 hours ago, GBArmy said:

Blahsaysme2U If you are rated at o%, then you are service connected. Check. All you now have to do is match up with the symptoms for rating purposes. I would suggest you post the decision letter and we can see the reason for your low ball. If you provided records (or your doc did) showing frequency, duration, etc. then that would be the evidence going into the C&P exam. If your condition has improved, and you don't have prostrating anymore, that is a key. Once a month is equal to 30%, once every 2 months is 10%. Not having them anymore due to the meds, means 0%. That is the same reason that they have regular re-eval done on veterans; if the disability gets worse, you get an increase, if it gets better, you can possibly get a decrease. Now, that said, you could appeal and if you could get a EED, you could in theory get back pay for the time prior to the meds started to work. Not sure, but I would expect you couldn't get it at HLR, so it would be BVA. Not great news for you regarding compensation, but at least you are feeling better with the meds. One suggestion I have is to research the new med and see if there are any adverse affects from using it. ex. causes stomach or gerd issues. Or high b/p, etc. Or, you could do this; accept the 0%. Stop taking the meds. After documenting it with your doc and keeping a log, submit an appeal on increase disability symptoms. I'm not sure I would do that myself.

Glad you responded. this was great advice and good break down. i am guessing that my records are showing i am doing better but they should show i am still having at least 1-2 a month that are severe. i dont have any of the smaller "less severe" headaches at all with meds but still get at least one bad one a month if not 2. 

thanks for the advice on the EED. i think i will try and fight this and next time i talk to my doctor see if he will write up something saying how the meds have helped but not "cured" me of migraines. and then put in for an appeal. i am going to start my head ache log again and try and back date at least 6 months showing how it has improved but not to a 0% ammount.

i would not stop taking these meds for nothing. i would be miserable without them. i am glad it has helped just sad it makes my disability less "severe" in the eyes of the VA. seems to me if i have something so bad i have to have meds for the rest of my life that should be taken into account as being more severe. i know there are some disabilities that are rated that way. crzy this and HBP or diabetes is not. i take meds for my GERD and they dont make that less rating. 

thanks again for your help!

12 hours ago, Buck52 said:

Once you’ve established a service connection for your current disability, the VA Regional Office will compare the symptoms and impact of that condition (using  your medical records and examinations) to the criteria listed in the VA  Schedule of Disability Ratings.

By law, when determining the percentage for your rating the VA can only consider the criteria contained in the Diagnostic Code for the given disability – – to do otherwise is error.

Unless the effects of medications are specifically included in the impairment rating criteria for your condition, the VA is NOT allowed to consider whether a particular medication moderates a Veteran’s condition in determining the degree of disability.

Source: VLB (Attorney Chris Attig)

thats great info. wonder where it says that in code/law though?