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  • 14 Questions about VA Disability Compensation Benefits Claims

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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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Hi Everyone

I wanted to know can someone look at this for me and tell me in your opinion should i have been rated for migraines. I think I should have been rated, I gave them a good amount of info from my medical record and the IMO and still denied.

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The VA is saying you don't have the evidence to support your headaches are caused by your military service...you should get an IMO and have the DR  PREFERABLY A SPECIALIST  TO READ YOUR MEDICAL RECORD

In addition to what @Buck52 posted, the VA likes to toss the concept of "chronic" or "chronicity" into the mix. It helps to understand what they are talking about: https://www.knowva.ebenefits.va

The VA is playing word phrases or word games. They denied your claim because migraines/headaches or headaches are not normal symptoms of PTSD or any mental health disorder, but migraines/headaches can

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The VA is saying you don't have the evidence to support your headaches are caused by your military service...you should get an IMO and have the DR  PREFERABLY A SPECIALIST  TO READ YOUR MEDICAL RECORDS and give his medical opinion that your headaches were caused by or related to your military service  due to?  an event injury or illness while in the military as his medial opinion. (give details) and his credentials  and experience.

to nexus this to your military service   you need these three basic elements for service connection and possibly rating.

The 3 Essential Elements of Service Connection
  • A current, diagnosed disability;
  • An in-service event, injury, or illness; and.
  • A medical nexus between the current disability and the in-service event, injury, or illness.
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In addition to what @Buck52 posted, the VA likes to toss the concept of "chronic" or "chronicity" into the mix. It helps to understand what they are talking about:

https://www.knowva.ebenefits.va.gov/system/templates/selfservice/va_ssnew/help/customer/locale/en-US/portal/554400000001018/content/554400000014553/M21-1,-Part-IV,-Subpart-ii,-Chapter-2,-Section-B---Determining-Service-Connection-(SC)

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It sounds like you have continuous symptoms, but lack a nexus...

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The VA is playing word phrases or word games. They denied your claim because migraines/headaches or headaches are not normal symptoms of PTSD or any mental health disorder, but migraines/headaches can be normal symptoms of a motor vehicle accident. As Buck and Vync stated you are going to need a medical opinion with a good medical rationale of how your headaches are related to your military service.  Even though you had an accident while you were on active service and you reported migraines/headaches, the VA is treating this condition as an acute condition (It refers to an illness that is of a sudden onset or of a short duration). You are going to need to prove that your symptoms are/were chronic, recurring or prove some type of continuity from service to the present time. You can use lay statements, but you are still going to need more medical records. If you have been treated for headaches/migraines over the years, the BVA/CAVC may find that your lay statements are credible and grant your claim. The VA loves to deny veterans’ claim for migraine headaches because headaches are subjective, and you may have to appeal this decision to the BVA and or the CAVC. It really depends on the evidence in your records both in-service and post service.

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