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uniccco

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Service connected  for MDD, Panic Disorder , Insomnia disorder, Obstructive sleep apnea all triggers for migranes i was of course denied she said migranes were primary hedaches and cant be caused by any of these triggers, she addressed no agravation and denied me what should i do  ?

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  • HadIt.com Elder

You have to prove by medical evidence that the secondary disability, headaches or migraines,are caused or a direct result of your already s-c disability. Which ones did you try to connect? You are not the doctor, so your opinion isn't going to fly; you need a doctor/medical person to opine that a causes b. Did you have a diagnosis and an opinion that one or more of these s-c disabilities causes your migraines? Did they provide medical studies/published evidence of the connection? No? Did you provide personal statements (Statement in support of the claim, or Buddy Letters) to support? Then get the evidence and re-submit a supplemental claim. The VA doesn't deal in common sense. Just because it is common knowledge that a causes b, you need to have the evidence. Get it; you can win this.

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  • Moderator

This is the saddest part of VA benefits:

VA benefits are NOT for poor people.   Often you have to spend money, lots of it, to get a favorable medical opinion, in order to win benefits.  

YOU CAN NOT count on VA examiners to do that for you.  

Is this fair?   NO.  HECK NO.  

On rare occasions, VA medical examiners will render favorable medical opinions.  But those are in the minority.  

If you are like the other 95% of us, to win your benefits you have to hire YOUR OWN DOC to provide said favorable opinion.  

Now, I will talk about "financing" your favorable medical opinion, since it would appear one would be needed to obtain the benefits you seek.  

Financing methods for IMO's are as follows:

1.  Pay up front.  Write a check or credit card to the examiner, and pay him/her up front.  No, you can not guarantee benefits, but, absent the requisite medical evidence, you can be pretty much assured of continued denials.  

2.  Go through an attorney.  There are a few law firms, which "may" up front the IMO/IME costs, and recoup those costs out of your retro.  A few firms IM aware of who have done this are:

Hill and Pontoon

Glover Luck

      There are likely others, I dont know.  

3.  Get your doc to help.  Dr. Bash used to allow payment delays on IMO's, for example, IM unsure if he still does.  VARO's DONT LIKE dr. Bash, unfortunately, because he has won too many benefits for too many Vets.  

4.  Borrow the money elsewhere:  Sell your car, borrow on life insurance, put it on a credit card, etc.  

      A good IMO/IME may be one of the best investments you can make.  

 

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  • HadIt.com Elder

Unfortunately, Broncovet is right. But no matter what, if you want to win your claim. you have to have evidence from a medical professional that a causes b. It's the law. Maybe, as Broncovet said, just maybe the C&P examiner will provide that finding. I've had it happen, but it truly doesn't happen nearly as much as it should. The med examiner sees what your evidences is and can quite often just provide it in their opinion, but usually doesn't happen. So, I tell veterans know what the diagnostic code says for the criteria of symptoms for rating your disability. Be realistic and determine that you SHOULD be rated at say 10% or 30% (not the pie in the sky 50% or 70%, etc.). If you get it by paying an outside doc for their opinion or IMO, how long will it take to get the money paid back? Think of it as an investment. You will NOT win your disability claim without a medical opinion. Often, the only way to get the evidence is to make that investment.

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GbArmy and Broncovet are correct, you are going to need a medical doctor to give you a link together.  An IMO is expensive, unless you have a doctor at the VA who will write you one.  I did get lucky with this twice at my VA and they wrote it in my chart because I asked if there was link.  Granted I got very lucky as they are normally told to not do this.  Most of the doctors at my VA rotate in, so they are not employees of the VA per say.  You could try this, but the most effective way is to pay for and IMO.  It won my PTSD claim which the VA is still trying to move my EED date on me, so I won't get backpay for it.  

Or when did you serve?   Are you a Gluf War Ear Vet?  If so, this falls under the presumptive conditions and would not be secondary.  

 

Keep fighting and you will get there!

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  • HadIt.com Elder
10 hours ago, uniccco said:

Service connected  for MDD, Panic Disorder , Insomnia disorder, Obstructive sleep apnea all triggers for migranes i was of course denied she said migranes were primary hedaches and cant be caused by any of these triggers, she addressed no agravation and denied me what should i do  ?

WAS THIS A VA Dr MD?  

IF your service connected for all the above  thats usually the hardest part of our claims  but also Getting a Dr to give his honest medical opinon is also hard.

Theres Veteran friendly Doctors out there!! call around ask the girl at the office if this Dr is a Veteran friendly Dr she willl know what you mean.

What you can do if you can afford to? get a private Dr  perferabley a specialist in the medical field your claiming   ..say you find a good headache Doctor that specialisze in Headaches   just be open and honest with this Dr  tell him what you need from him show him your medical records as to what got you sercive connected in the first place & you need a ''Quailfied Dr ...you ask>  Dr  can all my triggers cause my migraines? if he says yes they can ,ask him if he will give his proffessional medical opinon that all your service connected disabilitys (name them)  the DR CAN SAY I HAVE READ THIS VETERANS MEDICAL RECORDS (WHAT YOUR CLAIMING) AND I HAVE EXMANINE THIS VETERAN    AND it is in my medical opinion that these  service  connected conditions  can  cause all can cause this Veteran headhaces 

  now his impression  will be different from my of course because I am no Dr  but something along these lines  that would connect you  to what the VA IS DENYING YOU ABOUT.

This Dr that said all this  about the triggers can't cause  the headaches   was this a speicalist in this field of medcine?

Some times the VA will not take a MD opinon  if that MD IS NOT TRAINED IN A SPECIALISED FIELD OF MEDCINE.

Specialist is what you need.  (JMO)

I am not an Attorney or VSO, any advice I provide is not to be construed as legal advice, therefore not to be held out for liable BUCK!!!

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10 hours ago, uniccco said:

Service connected  for MDD, Panic Disorder , Insomnia disorder, Obstructive sleep apnea all triggers for migranes i was of course denied she said migranes were primary hedaches and cant be caused by any of these triggers, she addressed no agravation and denied me what should i do  ?

Ok he is service connected.

Why would he need a paid medical opinion. To say his condition is worse or cause something else.

He should have records from the doctor who treat him for his service connected condition.

I am not a paid medical opinion type of guy because you can pay an the va doesn't have to accept it.

Money down the drain.

When I got out the service 90 an old guy at the va hospital told me you have to build your jacket up young man To get the higher rating.

Which Mean you have to build your medical record up.

the va hospital has been treating my service connected disabled for 25 year. My va record is two boxes. I got boxes and cd from cavc.

One va comp doctor can't change a record.

This my opinion.

 

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