Jump to content
Using an Ad Blocker? Consider adding HadIt.com as an exception. Hadit.com is funded through advertising, ad free memberships, contributions and out of pocket. ×
  • 0

How long should I wait?


mwillis71

Question

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? 

Link to comment
Share on other sites

3 answers to this question

Recommended Posts

  • 0
  • Moderator

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.  

  • Like 1
Link to comment
Share on other sites

  • 0
  • Moderator

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.

  • Like 1
Link to comment
Share on other sites

  • 0

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)

  • Like 1
Link to comment
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.

Guest
Answer this question...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

  • veteranscrisisline-badge-chat-1.gif

  • Advertisemnt

  • How to get your questions answered...

    question-001.jpeg

    All VA Claims questions should be posted on our forums. Read the forums without registering, to post you must register it’s free. Register for a free account.

    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. Knowledgable 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 huge, 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 to:

    Post clear questions and then give background info on them.

    Examples:

    • A. I was previously denied for apnea – Should I refile a claim?
      • was diagnosed with apnea in service and received a CPAP machine but claim was denied in 2008. Should I refile?
    • B. I may have PTSD- how can I be sure?
      • I was involved in 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 from your claim?” etc.

    Note:

    Your firsts posts on the board may be delayed before they show up, as they are reviewed, this process does not take long and the review requirement will be removed usually by the 6th post, though we reserve the right to keep anyone on moderator preview.

    This process allows us to remove spam and other junk posts before they hit 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

  • Advertisemnt

  • VA Watchdog

  • Advertisemnt

  • Ads

  • 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