How long should I wait?

[mwillis71]

I was recently awarded secondary for asthma, which they just wrapped into my sleep apnea percentage (which is total bullshit) and migraines secondary to my anxiety/ptsd/bi-polar (which they rated at 0%). So two wins but the VA found a way to screw me anyway. To bad for them, I don't back down from anything. My question is, how long should I wait to appeal? They said my migraines don't show characteristics of a prostrating nature. That is funny because nobody ever even asked at my c&p exam and my private medical records didn't say either way. Sooooo I guess I have to submit a supplementary claim with more evidence. I have been keeping a daily log of my migraines and various other issue at the recommendation of this site. It isn't very long yet but it is started. I can also get my doctor to at least describe the nature of my migraines as well. I submitted a statement from my wife initially and they did read it. However, she didn't mention prostration. She just mentioned how often I have them. So I guess I'll have her submit another one as well. Any advice on how long to wait? Should I wait until I get the C-file which seems to be impossible and taking forever? Should I wait for a longer daily logg? 

[broncovet]

You should wait to appeal "exactly" as long as you want to wait to get paid (retro).  Appeal sooner = get it settled sooner.  

                            Appeal later = get it settled later. 

I would not wait.  Start with the evidence you have.  Specifically the decision.  

What portion(s) of the VARO decision are you in dispute?  Why?  Do you have evidence to support your position?  

File a NOD, disputing every aspect of the decision you dispute:

The percentage,

Denial of SC

Effective date(s) etc.  

Combining 2 into one etc.  

[GBArmy]

mwillis71 That's the spirit. You don't lose until you quit trying!

You can submit an appeal, supplemental, HLR etc. the next day but I would suggest that you should have 1) your decision letter in hand (sounds like you have it.) And 2) a copy of the C&P exam. You may be able to get it from your RO at the Release of Info office. You also could request thru a FOIA request as well.You want to keep the time-line going certainly so back-pay is still in play. Lookup the requirements for migraines, diagnostic code 8100 to understand what you need for the higher rating. If for example, you do have to shut everything down and lay in a dark room until the headaches go away, then get that info in a letter from your doc and submit. Include a log of your headaches duration date time etc. for a month or 2. Some use Migrain Buddy, but it isn't necessary. Do you take meds for it, including aspirin etc.; if so, include that in your doctor's notes. Have a Statement in support of the claim and include how the headaches effects your work, or social life, interactions with others, etc.  If they are rating your headaches at 0%, then it is a separate disability and it should be rated higher. Lastly, use the disability rating calculator and figure out if an increase from 0% to 10 or 30% will move your overall combined rating. If it doesn't, you may not want to appeal as you are already rated, I believe, at 0%. That is a consideration the veteran has tor consider as well.

[pacmanx1]

We have discussed this before and hopefully we don’t get into another debate, but prostrating is not a normal or typical word that is commonly used with migraines. I typically file a NOD as soon as I can, I keep all the documents I send the VA and whenever I fill out a new form, I save it on adobe on my computer and on a removable disc drive just in case the VA contacts me and tell me they lost my forms.  Who goes to their doctor and say that their headaches/migraines are so severe that the headache or migraines leaves them prostrating? No, we go to the doctor and say that our headaches or migraines are so severe that we/they have to lay down or we/they had to lie down. Who wife/spouse think of mentioning prostrating headaches? No, the most they will say is that your migraines or headaches are so bad that you have to lay/lie down in a dark room or take a nap and medication. The VA has this in their DBQ evaluations but many veterans are not even ask this question and the other issue is that a veteran can explain to his/her doctor and examiner that they have multiple headaches per month but it seems that they get a rating of 30% or lower even though the regulation seems to show at least two or more migraines a month for several month can be rated at 50% but a veteran would have to appeal to get that/this rating percentage. Be sure to include how long your headaches or migraines last. If you have to leave work or can’t go to work. Yes, you can include a migraine or headache log.

50% – with very frequent completely prostrating and prolonged attacks productive of severe economic inadaptability. 

30% – with characteristic prostrating attacks occurring on an average of once a month over the last several months. 

10% – with characteristic prostrating attacks averaging one in two months over the last several months.

0% – with less frequent attacks. 

Migraine - Symptoms and causes - Mayo Clinic

Headache Symptoms: Migraine, Cluster, Tension, Sinus (webmd.com)