Jump to content
Ads Keep HadIt.com Online. Consider Turning Off Ad Blockers to Keep HadIt.com Online! ×
  • 0

Secondary claim & increase timeline w/ service connection? C&P?


FlyboyLeRoy

Question

I am already service connected for meniers disease, among many other ear problems. Yesterday my doctor filled out a dbq and it supports my meniers disease increase and secondary migraines to meniers. My question is, being already service for meniers and having attached dbqs, will I still have a va c&p exam? Also, per the paperwork, what would you say my rating should be?

va 4.PNG

va 1.PNG

va 2.PNG

va 3.PNG

Link to comment
Share on other sites

8 answers to this question

Recommended Posts

  • 0
  • Moderator

who know what they will do.  I have seen it go both ways.  be ready for both.   They will probably do a C&P to see a current opinion

Link to comment
Share on other sites

  • 0
  • HadIt.com Elder

It depends on alot of things. What is your doctors area of practice? What year are the dbq forms (it’s on the bottom)? Where is the rest of it? Headaches are their own dbq.
 

Are you SC for migraines already or just meniers? If headaches is a new claim you will need your doctor to write up a summary opinion of the headaches dbq where they explain their opinion of why it’s connected to your meniers with relevant supporting findings including any literature or other things that support that funding, along with a statement of some kind of statement that says what degree of sure they are coming that your headaches are related.  “At least as likely as not”, less likely than not, more likely than not, etc. 

 

You can look at the symptoms and ratings percentages  for migraines and menieres online on the ratings schedule, it’s all online already. Google 38 CFR 4.71a and find headaches on it. 
 

https://benefits.va.gov/WARMS/bookc.asp

Edited by brokensoldier244th
Link to comment
Share on other sites

  • 0
10 minutes ago, brokensoldier244th said:

It depends on alot of things. What is your doctors area of practice? What year are the dbq forms (it’s on the bottom)? Where is the rest of it? Headaches are their own dbq.
 

Are you SC for migraines already or just meniers? If headaches is a new claim you will need your doctor to write up a summary opinion of the headaches dbq where they explain their opinion of why it’s connected to your meniers with relevant supporting findings including any literature or other things that support that funding, along with a statement of some kind of statement that says what degree of sure they are coming that your headaches are related.  “At least as likely as not”, less likely than not, more likely than not, etc. 

 

You can look at the symptoms and ratings percentages  for migraines and menieres online on the ratings schedule, it’s all online already. Google 38 CFR 4.71a and find headaches on it. 
 

https://benefits.va.gov/WARMS/bookc.asp

The forms say 2020 on them. There are much more forms but I only posted the ones that had the symptoms. Both dbqs are filled out and states his opinion in favor and that migraines are secondary to meniers, too. He is an otologist/neurologist, so he is the most quailed to discuss this topic. Currently I am only connected for The meniers  

Link to comment
Share on other sites

  • 0
  • HadIt.com Elder

Okay, then you should be fine. It’s not a guarantee that you won’t have a c and p but it may only be another doctor reviewing your file and your doctors write up, meaning you won’t even have to go anywhere. It could be over video, too, depends in your Local covid situation.

I’m not a rater so I don’t interpret dbqs nearly as much as I do medical notes themselves, and that’s only to find evidences of conditions existing to justify an exam and the elements of service connection.
 

Have you uploaded your treatment notes from your doctor too, or filled out and sent in a 21-4142/4142a that gives us permission to request them? 

Link to comment
Share on other sites

  • 0
49 minutes ago, brokensoldier244th said:

Okay, then you should be fine. It’s not a guarantee that you won’t have a c and p but it may only be another doctor reviewing your file and your doctors write up, meaning you won’t even have to go anywhere. It could be over video, too, depends in your Local covid situation.

I’m not a rater so I don’t interpret dbqs nearly as much as I do medical notes themselves, and that’s only to find evidences of conditions existing to justify an exam and the elements of service connection.
 

Have you uploaded your treatment notes from your doctor too, or filled out and sent in a 21-4142/4142a that gives us permission to request them? 

52 minutes ago, brokensoldier244th said:

Okay, then you should be fine. It’s not a guarantee that you won’t have a c and p but it may only be another doctor reviewing your file and your doctors write up, meaning you won’t even have to go anywhere. It could be over video, too, depends in your Local covid situation.

I’m not a rater so I don’t interpret dbqs nearly as much as I do medical notes themselves, and that’s only to find evidences of conditions existing to justify an exam and the elements of service connection.
 

Have you uploaded your treatment notes from your doctor too, or filled out and sent in a 21-4142/4142a that gives us permission to request them? 

Thanks for your response. My treatment notes are uploaded as far as new medications prescribed. Even with my dbq &  doctor exam, they still go off of my doctors notes right? I recall something about probative value or tie goes to the vet? I could be wrong, though  

 

Link to comment
Share on other sites

  • 0
  • HadIt.com Elder

Yes, tie is supposed to go to the veteran but sometimes private doctors write the equivalent of a sick note for work as an opinion and it’s over ruled by the examination of the medical file. They don’t always know how to write a medical opinion- I see this a lot more with gp/ family practitioners trying to diagnose specialized stuff like fibromyalgia, tbi, or mh issues as examples.

 

 You also have to remember that your doctor is working off whatever they observe and what you tell them unless you have STRs and or myhealthvet or releases of information notes from VAMC visits. C&p doctors have access to your actual str service treatment notes and Vamc treatment.

This is a bigger deal in service connection because part of the three things needed for service connection is documentation of a service event or history or exposure-most outside docs can’t or won’t see that because they can’t just log in and see it, so unless you give it to them  they are writing an opinion that already doesn’t meet one of the necessary criteria (by law, we didn’t write it). They can’t say with a strong opinion that it’s connected to service if they haven’t seen your service records/and or Vamc You saying you were a scout sniper in the Gulf and were exposed to x,y,z is a subjective statement- subject to verification. Doctors observed conditions and statements are supposed to be objective- based on the what they have seen or actually read in your prior history. 
 

That hangs up a lot of people because a lot of gp/family doctors don’t write up medical opinions very often. VA raters can’t diagnose, they compare the opinion to the available notes to make sure it lines up factually and then they apply the ratings chart of symptoms and percentages to the symptoms you have (the cfr I posted). If you tell your doctor you are feeling ok, when you aren’t- that hangs you later.
 

When discussing service connected issues describe your symptoms in your worst day, not necessarily how you are on the day you are actually there, or at least get it in there that while you are feeling ok today last week you had a dizzy and almost stepped off the curb and fell or something (hypothetically). Otherwise you just have a lot of subjective statements about how bad you feel and no objective history of the the days when you don’t feel great. 

Edited by brokensoldier244th
  • Like 1
Link to comment
Share on other sites

  • 0
10 hours ago, FlyboyLeRoy said:

 

Got it, I been through this before and after some learning/research, it came out in favor. Luckily, the doctor i went to through VA community care specializes in ETN and in particular, vestibular disorders. Since its community care its the doctor the va selected, so hopefully that holds some weight, too. I didn’t have a nexus done since its already service connected and meniers/migraines go hand and hand per his word. I also sent him my VA history which showed my diagnoses. There are some older notes which show my issues and symptoms on the va website.I guess i was just thinking it would be an easy, quick claim (if such exists) due to already being connected and treated for approx 1 year. Thanks for your information and opinion. 

Link to comment
Share on other sites

  • 0
  • HadIt.com Elder

It probably will be. Like I said upthread there may be a C&P of sorts but it may just be a review of what you already submitted. It depends on the rater and on the quality of your doctor's notes. 

Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now


  • veterans-crisis-line.jpg
    The Veterans Crisis Line can help even if you’re not enrolled in VA benefits or health care.

    CHAT NOW

  • question-001.jpeg

    Have Questions? Get Answers.

    Tips on posting on the forums.

    1. Post a clear title like ‘Need help preparing PTSD claim’ or “VA med center won’t schedule my surgery instead of ‘I have a question.
       
    2. Knowledgeable people who don’t have time to read all posts may skip yours if your need isn’t clear in the title.
      I don’t read all posts every login and will gravitate towards those I have more info on.
       
    3. Use paragraphs instead of one massive, rambling introduction or story.
       
      Again – You want to make it easy for others to help. If your question is buried in a monster paragraph, there are fewer who will investigate to dig it out.
     
    Leading too:

    exclamation-point.pngPost straightforward questions and then post background information.
     
    Examples:
     
    • Question A. I was previously denied for apnea – Should I refile a claim?
      • Adding Background information in your post will help members understand what information you are looking for so they can assist you in finding it.
    Rephrase the question: I was diagnosed with apnea in service and received a CPAP machine, but the claim was denied in 2008. Should I refile?
     
    • Question B. I may have PTSD- how can I be sure?
      • See how the details below give us a better understanding of what you’re claiming.
    Rephrase the question: I was involved in a traumatic incident on base in 1974 and have had nightmares ever since, but I did not go to mental health while enlisted. How can I get help?
     
    This gives members a starting point to ask clarifying questions like “Can you post the Reasons for Denial of your claim?”
     
    Note:
     
    • Your first posts on the board may be delayed before they appear as they are reviewed. This process does not take long.
    • Your first posts on the board may be delayed before they appear as they are reviewed. The review requirement will usually be removed by the 6th post. However, we reserve the right to keep anyone on moderator preview.
    • This process allows us to remove spam and other junk posts before hitting the board. We want to keep the focus on VA Claims, and this helps us do that.
  • Most Common VA Disabilities Claimed for Compensation:   

    tinnitus-005.pngptsd-005.pnglumbosacral-005.pngscars-005.pnglimitation-flexion-knee-005.pngdiabetes-005.pnglimitation-motion-ankle-005.pngparalysis-005.pngdegenerative-arthitis-spine-005.pngtbi-traumatic-brain-injury-005.png

  • VA Watchdog

  • Can a 100 percent Disabled Veteran Work and Earn an Income?

    employment 2.jpeg

    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

×
×
  • Create New...

Important Information

{terms] and Guidelines