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]

15 hours ago, GBArmy said:

Jackets90 Welcome to Hadit. Based on some assumptions, you should have submitted your claim as aggravation of a preexisting condition. Don't get hung up on the word migraines; the VA classifies different types of headaches under that term. You should look up diagnostic code 8100 and see what your symptoms are and what kind of rating you should be trying for. If it was a supplemental claim, what did you use as evidence? The VA has diagnosed you with the disability, so it would appear your issue is how to service connect it. Or, possibly prove your conditions have gotten worse based on s-c. Suggest you post your denial from your decision letter here on this post. Redact your personal info, like name, ssn, claim #, etc. Aggravation can be hard to prove; you need a strong IMO from a medical expert most of the time.

I used dr appointment information showing it had worsened while in service. Including updated treatment information to include Botox and meds. I also included a buddy letter that clearly explained it worsened as a result from my day to day responsibilities. 

 

15 hours ago, GBArmy said:

Jackets90 Welcome to Hadit. Based on some assumptions, you should have submitted your claim as aggravation of a preexisting condition. Don't get hung up on the word migraines; the VA classifies different types of headaches under that term. You should look up diagnostic code 8100 and see what your symptoms are and what kind of rating you should be trying for. If it was a supplemental claim, what did you use as evidence? The VA has diagnosed you with the disability, so it would appear your issue is how to service connect it. Or, possibly prove your conditions have gotten worse based on s-c. Suggest you post your denial from your decision letter here on this post. Redact your personal info, like name, ssn, claim #, etc. Aggravation can be hard to prove; you need a strong IMO from a medical expert most of the time.

 

[Jackets90]

15 hours ago, GBArmy said:

Jackets90 Welcome to Hadit. Based on some assumptions, you should have submitted your claim as aggravation of a preexisting condition. Don't get hung up on the word migraines; the VA classifies different types of headaches under that term. You should look up diagnostic code 8100 and see what your symptoms are and what kind of rating you should be trying for. If it was a supplemental claim, what did you use as evidence? The VA has diagnosed you with the disability, so it would appear your issue is how to service connect it. Or, possibly prove your conditions have gotten worse based on s-c. Suggest you post your denial from your decision letter here on this post. Redact your personal info, like name, ssn, claim #, etc. Aggravation can be hard to prove; you need a strong IMO from a medical expert most of the time.

 

15 hours ago, shrekthetank1 said:

can you post the denial letter MINUS your information?  cover it up and take a picture or scan it.  We need to see what the denial is.  I was denied the first time and got it on the HLR.

I uploaded the letter.

[Jackets90]

20 hours ago, Jackets90 said:

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?   

As for my Buddy letter. It was from my spouse who also worked with me while I was in the service (GS Employee). It clearly explained what she saw and how it was directly connected to military service. I'm at a loss for this. Natural progression of headaches is really what gets me. I had headaches prior. Not migraines. There is a clear difference. It wasn't some natural progression!!

[pacmanx1]

10 hours ago, Jackets90 said:

As for my Buddy letter. It was from my spouse who also worked with me while I was in the service (GS Employee). It clearly explained what she saw and how it was directly connected to military service. I'm at a loss for this. Natural progression of headaches is really what gets me. I had headaches prior. Not migraines. There is a clear difference. It wasn't some natural progression!!

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. 

[Jackets90]

On 1/30/2021 at 6:49 PM, brokensoldier244th said:

Echo- we need to see the language of the actual denial- that is the information you need to counter when you send your appeal back up. 

Any advice? Letter is uploaded

[brokensoldier244th]

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?