Secondary Service Connection for Migraine

[Duster4-60]

I am rated at 50% for PTSD. I would like to file for "Secondary Service Connection for Migraine Headaches"

I am thinking about doing this myself. I see lots of ads from Law Firms. Just wondering if anyone had any thoughts on the best way to file.

Thanks

[brokensoldier244th]

8 minutes ago, Dot09 said:

I was just recently awarded migraines at 50%. If you file it as a secondary you will likely be denied. You need to file it as a supplemental claim. Claiming that your service connection of ptsd aggravates your non service connection of migraines. They will determine a baseline which they can’t.  This can Only be done in person. On line does not have the option for aggravation. I would also recommend that you take a peek at the ratings in title 38 for a rating. Also try to get a migraine specialist to fill out a DBQ migraine form whether va or private. 
 

good luck

The determination of aggravation is not part of the claim form- it is added after the claim is filed. All the OP needs to do is file a supplemental claim, and under what they are claiming write that they are claiming headaches secondary to their PTSD. It does not have to be in person and its not an 'aggravation' request. An aggravation claim is for a condition that is NSC and never will be (like, if they joined the military with migraines already, but are now claiming them to be aggravated by their SC PTSD). If the OP is seeking secondary service connection, i.e. that the migraines are caused by their PTSD it is a supplemental claim seeking secondary service connection. 

 

 

[Dot09]

Agree that we disagree

section 6 on the medical opinion aggravation of A non service connected condition will not be considered by the compensation examiner if not requested from the va. As for in person application. I was only stating that it isn’t applicable online. Yes the form can be mailed. There are five ways for compensation. I was initially denied that migraines are two different entities from mental health on a secondary condition.Until I applied the aggravation in which the examiner was required to write her opinion stating that mental health stress is a big culprit for stress triggering migraines. Yes in the end I was awarded on secondary condition but I don’t want him to get stuck where section 6 isn’t filled out. That opinion is needed.

pre existing 

direct

secondary

aggravation

tort/ caused by the va

 

 

Edited May 4, 2022 by Dot09

[brokensoldier244th]

15 minutes ago, Dot09 said:

Agree that we disagree

section 6 on the medical opinion aggravation of A non service connected condition will not be considered by the compensation examiner if not requested from the va. As for in person application. I was only stating that it isn’t applicable online. Yes the form can be mailed. There are five ways for compensation. I was initially denied that migraines are two different entities from mental health on a secondary condition.Until I applied the aggravation in which the examiner was required to write her opinion stating that mental health stress is a big culprit for stress triggering migraines. Yes in the end I was awarded on secondary condition but I don’t want him to get stuck where section 6 isn’t filled out. That opinion is needed.

pre existing 

direct

secondary

aggravation

tort/ caused by the va

 

 

Yes, and when we get the claim we mark it as aggravation if that is what the veteran is claiming or if a reading of the record shows that it could be an aggravation of a non-service connected issue. He's not applying for an aggravation issue- he's applying for a secondary service connection saying it is caused by his PTSD. If he wants to claim it also as aggravated he just needs to say that and it will be appended to the examination request as a request for a secondary and an aggravation opinion. I do it all the time. 

Edited May 4, 2022 by brokensoldier244th

[Dot09]

16 minutes ago, brokensoldier244th said:

Yes, and when we get the claim we mark it as aggravation if that is what the veteran is claiming or if a reading of the record shows that it could be an aggravation of a non-service connected issue. He's not applying for an aggravation issue- he's applying for a secondary service connection saying it is caused by his PTSD. 

I am just stating from my experience when I went the whole secondary route. ptsd and mh is a key aggravator and should be considered. I just know that when I applied the examiner didn’t consider aggravation opinion when I requested secondary. You and I know that the nexus is very important and if not done it will be denied. I understand that the veteran is going on secondary connection but there is one or two of the 5 selections of an opinion that is needed. If not requested then they won’t fill it out. Also you and I know there is not always a clear way the va connects you. Sometimes you just want something to stick. 
 

I wish the op the best of luck

Edited May 4, 2022 by Dot09

[Dot09]

Here’s a previous post of mine. It might help you decided on what you may need to do.