VA Headache Claim Denied

[Jackets90]

My headache claim was denied. I had headaches prior to service but they turned into migraines while I was in and I still suffer with them monthly. My supplemental claim came back and it was denied. Best part is it says 

 

“I have been diagnosed with a disability. VA examinations on the dates confirm diagnosis of migraines” what do I do here? Refile with a claim for migraines?   

Edited January 31, 2021 by Jackets90
Added Photos

[Jackets90]

On 2/2/2021 at 9:29 AM, brokensoldier244th said:

It sounds like they are denying based on a lack of more than one instance/s reported in Svc. Not sure how you'll counter that unless there is more in your records that they didnt see, or private treatment from that time that might show your progression towards migraines. Don't know about the credibility part on the lay statement. Did you have anyone else in your squad, etc that could gin one for you as well? 

I have proof of migraines multiple times throughout my medical history in the military. I have other disabilities the va rated that this is a secondary of and aggravate my migraines.  (anxiety, DDD in my entire spine with herniated discs in my neck) they rated these at the time.

Should I go to a higher level review? I have no idea what I should do and feel like giving up at this point

[Jackets90]

On 1/31/2021 at 9:32 PM, pacmanx1 said:

You can appeal this decision by filing a timely NOD (Notice of Disagreement) and let your claim go to BVA, I know it takes some time to get a BVA decision, but you will keep your effective date. Just because the VARO did not accept your buddy letter (Lay Statement) the BVA may. Your spouse can easily observe your symptoms and write a letter to support your claim. If your wife works in the medical field even better, I helped a veteran that had a spouse that worked in the medical field write a statement of support (Lay Statement) and the VA accepted it and granted the claim. 

Should I do a higher level review first? It just doesn’t seem right. The evidence is all right there. 

[Hucast21]

41 minutes ago, Jackets90 said:

I have proof of migraines multiple times throughout my medical history in the military. I have other disabilities the va rated that this is a secondary of and aggravate my migraines.  (anxiety, DDD in my entire spine with herniated discs in my neck) they rated these at the time.

Should I go to a higher level review? I have no idea what I should do and feel like giving up at this point

Never give up! That’s what the VA wants you to do. If you have proof of migraines multiple times through your SMRs, then fight for what is rightfully yours.

I’m going through a similar situation where I was denied for migraine headaches even though I have multiple sick calls documented in my service medical records and even my GP wrote on my separation physical “migraine headaches, severe.”

I was denied on my initial claim, filed a NOD for DRO, and the senior rater rubber stamped the denial anyways. Now, I have a BVA hearing in April and hopefully I will get justice.

How can the VBA deny service-connection when a veteran has documented proof in their military and VA records is beyond me but it happens.

Just don’t give up.

[Hucast21]

To answer your question, file a NOD, and take your claim to the BVA in my opinion. You may want to get legal representation as well.

Never give up, especially if you have documented evidence.

Edited February 5, 2021 by Hucast21

[brokensoldier244th]

Hlr didn't let you submit more evidence 

[Jackets90]

1 hour ago, brokensoldier244th said:

Hlr didn't let you submit more evidence 

Correct. The evidence is there. It’s like they rubber stamped it. At minimum, they should have service connected it because of aggravation 

1 hour ago, brokensoldier244th said: