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Service connection denied…unsure why.

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BionicVet

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Here is where to start on reviewing your records.  If its a pdf file, you "may" be able to do a search for "At least as likely as not" and find a nexus which could result in additional benefits.  You should also look for "other" caluza elements, such as a diagnosis, an and in service event.  

After that, you should review your c and p exam which granted benefits, and see if those symptoms have gotten worse since that exam where you were awarded benefits.  

I like to look for terms like "personality disorder" (this is VA's way of saying we are not gonna pay you for this, "unless" you are smart enough to figure out this is a lie, and that "personality disorder" is most likely another ratable disorder, such as MDD, PTSD, bipolar, etc.  

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  • 2 weeks later...

So with a previous skull fracture, is it possible to go the route of preexisting condition without symptoms or issues upon enlistment became aggravated and worsened due to time in service?  Preexisting condition would have to have been without medical concern or symptoms or they wouldn't have allowed you to enlist

I think I read somewhere you are airborne qualified maybe? Can that jump badge give you the presumption of "cumulative TBIs" and degenerative disc disease due to the numerous jumps you've completed?

Also, any blast exposure while on active duty? I guess blast exposures are now on the list to be considered a form of TBI

Also, I didn't see your MOS.... you weren't exposed to JP4, JP5, JP8, aircraft exhaust, diesel exhaust, engine de-greasers, hydraulic fluids by chance? Environmental exposures would be another link to migraines.

Cervical disc disease is linked to cervicogenic headaches, if you were airborne, seems like your occupational of jumping out of aircraft would predispose you to neck and back issues

 

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yes, MOS, 11B1P was stationed in Caserma Ederle, Vicenza Italy. We were the first Battalion Charlie co 509th, 3/325 to cohort from Bragg. I did have a few nasty jumps, the old T10's were just meant to get you to the ground. Knocked out and dragged through the fields of Germany, turkey, Berlin.  - Literally. I have 2 buddy letters stating was knocked out on a few landings and our platoon chosen for SD to in a reenactment of a jump into Normandy and that came with a 100 road march to commemorate our brothers in Dday who landed 100 miles off the target.  - so we practiced for months and months... full battle gear, rucks - I jumped and carried the radio with diagnosis for my neck and back issues. well back to Head/neck and.I am diagnosed with ICD-10-CM G43.719 Chronic migraine w/o aura, intractable, w/o stat migr with Provider Comments: Migraine (SCT 37796009) Spondylosis (ICD-9-CM 721.90), Chronic Low Back Pain (ICD-9-CM 724.2)M54.12 Cervical radiculopathy (SCT 54404000), M54.12 Cervical radiculopathy (SCT 54404000), M54.12 Cervical radiculopathy (SCT 54404000). but they won't service connect any of them... I am currently and for the last years been getting treatment = RUE pain with diclofenac gel, morphine sulfate 30mg qhs, oxycodone/acetaminophen 10mg qid, duloxetine, and cyclobenzaprine. I receive botox injections and trigger point for HAs and is prescribed carbamazepine and sumatriptan also tens unit for neck. Doc wrote degenerative disc disease at C5-C6 and C6-C7. There is straightening of the cervical curvature consistent with a degenerative disc disease... Here is 1 of my Nuero  Dr's wrote in file "Headaches, chronicHx 2 TBI with few hours of LOC See Brain MRI. here is another a recent note from my Nuero and radiologist = not sure what it all means. "A focally pronounced region of patchy T2/FLAIR hyperintensity in
the right corona radiata is nonspecific, and can be seen in the
setting of chronic microangiopathic change, migraine or
hypertension related change, demyelinating process, or sequelae
of a previous inflammatory/vasculitic process. Short-term
follow-up with contrast-enhanced MRI is recommended.
Primary Diagnostic Code: Significant Abnormality; Attention Needed.. hmmmm

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talk about vague in not awarding migranes. 
Now I’m going to go back and refill for my neck…unreal

SECTION IV - MEDICAL OPINION FOR SECONDARY SERVICE CONNECTION

 4A. THE CLAIMED CONDITION IS AT LEAST AS LIKELY AS NOT (50 percent or greater probability) PROXIMATELY DUE TO OR THE RESULT OF THE VETERAN'S SERVICE CONNECTED CONDITION. PROVIDE RATIONALE IN SECTION C.

x 4B. THE CLAIMED CONDITION IS LESS LIKELY THAN NOT (less than 50 percent probability) PROXIMATELY DUE TO OR THE RESULT OF THE VETERAN'S SERVICE CONNECTED CONDITION. PROVIDE RATIONALE IN SECTION C.
4C. RATIONALE:
Review of the Veteran's medical treatment records does not support the claim of migraines that developed due to the Veteran's underlying psychiatric condition. Treatment
records and Neurologic consults clearly have shown that the Veteran's migraines are multifactorial and not simply due to a particular etiology. Given the nature and response to varied treatment Veteran has been provided, this suggests that the Veteran's migraines/headaches are due to his underlying medical risk factors. Veteran has a history of hypertension, history of alcohol abuse , chronic opioid use, musculoskeletal pathology of the cervical spine. Therefore it is unlikely that the Veteran's PTSD is more likely the etiology of the Veteran's migraines/headaches.

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1 hour ago, BionicVet said:

MEDICAL OPINION FOR SECONDARY SERVICE CONNECTION

The bottom line is you may have to appeal this decision. For whatever reason, the VA force some veterans to file an appeal for their benefits.

I filed one claim in 1998 and it was denied by the  local VARO, I filed an NOD, and it was lost.  I reopened my claim around 2005 and it was denied. I filed a new NOD and the VARO processed it and it went to the BVA where they remanded it back to the local VARO. So, the local VARO continued to deny my claim and returned it to the BVA where they decided to deny my claim also. I fired my VSO and hired an attorney and filed a claim to the CAVC. The CAVC remanded my claim and sent it back to the BVA where this time they actually granted my claim. Long story made short, in this process the BVA found my original lost NOD and granted my effective date back to 1998.

My intentions are to help, my advice maybe wrong, be your own advocate and know what is in your C-File and the 38 CFR that governs your disabilities and conditions.

Do your own homework. No one knows the veteran’s symptoms like the veteran. Never Give Up.

I do not give my consent for anyone to view my personal VA records.

 

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I feel FAT had the best solution- to get an independent Medical opinion which would probably involve an independent exam from migraine, or neuro  specialist.

This is very odd:

"Short-term
follow-up with contrast-enhanced MRI is recommended."

(Did you get the follow up contrast enhanced MRI  MRI?)


"Primary Diagnostic Code: Significant Abnormality; Attention Needed"

An independent doctor would surely be able to define what the significant abnormality is.

There is info here in our IMO/IME forum on how the opinion should be prepared-

The IMO/IME doctor needs all available medical records ( inservice SMRs and VA and any private medical records) and needs to state that they have read them and give a full rationale as to why it is "as likely as not" the PTSD ( or any of the other SCs) have caused the migraine condition as secondary.

Have you gone over your meds to see if any of them for any SC condition you have could cause migraines?

Also there is some association medically between migraines and cervical radiculopathy but it ems they never service connected the cervical radiculopathy.

Headache in patients with cervical radiculopathy: a prospective study with selective nerve root blocks in 275 patients - PubMed (nih.gov)

https://www.va.gov/vetapp19/files2/19112387.txt

 

https://www.va.gov/vetapp20/files11/20075996.txt

 

https://www.va.gov/vetapp21/files2/a21002958.txt

 

These links above are 3 grants of Migraines as secondary to PTSD- There are many denials at the BVA as well.

But this search feature might help you-find reasons for denials as well as reasons for awards.

 

 

 

https://www.index.va.gov/search/va/bva_search.jsp?QT=migraines+secondary&EW=PTSD&DB=2019&DB=2020&DB=2021&RS=11

 

GRADUATE ! Nov 2nd 2007 American Military University !

When thousands of Americans faced annihilation in the 1800s Chief

Osceola's response to his people, the Seminoles, was

simply "They(the US Army)have guns, but so do we."

Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.

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