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Migraine treated with botox

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Xstazy

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Yes and no @brokensoldier244th.  I have run into problems in migraine rating and been told by the VA that they look at the effects it causes for work.  Some migraine medications even make it harder to work.  Depakote a medication that can control migraines can cause slow thinking and cognition, even so the VA never took this into consideration.  Between migraines and medication I was no longer able to work and was rated at a max of 50%.  I requested extraschedular rating and was denied.  Never underestimate the VA's ability to make like hard on the veteran. 

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24 minutes ago, vetquest said:

Yes and no @brokensoldier244th.  I have run into problems in migraine rating and been told by the VA that they look at the effects it causes for work.  Some migraine medications even make it harder to work.  Depakote a medication that can control migraines can cause slow thinking and cognition, even so the VA never took this into consideration.  Between migraines and medication I was no longer able to work and was rated at a max of 50%.  I requested extraschedular rating and was denied.  Never underestimate the VA's ability to make like hard on the veteran. 

That may be the case for your situation but your denial of IU is not demonstrating the effects of medication being considered in a rating in the ratings schedule.  You specifically asked for a rating outside the ratings schedule. You were rated the maximum for migraines. Your issue isn't migraines, your issue is how your doctor presented your request for an extra scheduler rating to get IU, and you were told correctly with respect to the IU rating application that the effects of medication on your migraine are considered in an IU rating. That being said, IU is not a claim based on the ratings schedule.

The effect of medication on a condition, except in limited instances where it is specifically considered (like Fibro), has nothing to do with the ratings schedule- this is established CAVC case law. IU is a completely different thing altogether, and by definition "extra scheduler". The migraine rating itself was applied properly. The determination was that the medication's mitigating effect on the migraine was enough that you were deemed to be employable. 

Edited by brokensoldier244th

The Earth is degenerating these days. Bribery and corruption abound.Children no longer mind their parents, every man wants to write a book,and it is evident that the end of the world is fast approaching. --17 different possible sources, all lacking verifiable attribution.

B.S. Doane College, Mgt Info Systems/Systems Analysis 2008

M.S.Ed. Purdue University, Instructional Development and Technology, Feb. 2021

M.S. Purdue University Information Technology/InfoSec, Dec 2022

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B.S. Info Systems Mgt/Systems Analysis-Doane College 2008
M.S. Instructional Technology and Design- Purdue University 2021

 

(I AM NOT A RATER- I work the claims BEFORE they are rated, annotating medical evidence in your records, VA and Legal documents,  and DA/DD forms- basically a paralegal/vso/etc except that I also evaluate your records based on Caluza and try to justify and schedule the exams that you go to based on whether or not your records have enough in them to warrant those)

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I've heard that Botox can be effective in treating migraines, so it's good to see that it's working for you. In terms of whether you should apply for an increase, I think that's something that you should discuss with your doctor or healthcare provider. They'll be able to give you the best advice based on your specific situation and medical history. Also, I noticed that you mentioned Botox treatments - have you ever considered other cosmetic treatments? I recently discovered Filler Treatment in Woodland Hills and have been really happy with the results. It's amazing what a little cosmetic touch-up can do for your self-confidence.

Edited by JoniBlake
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@JoniBlake It can be helpful to some. I had a number sessions, but had mixed results. They are not fun to get and left me pretty nauseated, but others might have had better luck. In the end, it did not offer me enough benefit to not have to lay down in a dark quiet room to recover. 

Because this topic is about a year old, please refer to "38 CFR § 4.124a - Schedule of ratings - neurological conditions and convulsive disorders" for exact rating criteria. Typically, the way they rated them can differ based on being related to TBI or not. Best advice I can advise to someone is to keep a "migraine diary" so the VA can rate things accordingly.

https://www.law.cornell.edu/cfr/text/38/4.124a

 

"If it's stupid but works, then it isn't stupid."
- From Murphy's Laws of Combat

Disclaimer: I am not a legal expert, so use at own risk and/or consult a qualified professional representative. Please refer to existing VA laws, regulations, and policies for the most up to date information.

 

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This thread is a year old, but I would say that if you have a % rating for migraine headaches instead of filing a claim for extra scheduler rating that will most likely be denied due to the fact that the 50% rating is the highest rating for migraine headaches. Simply file a claim for TDIU based on migraine headaches symptoms. If you cannot work or if you have to quit work for your migraine headaches, then you should be awarded TDIU. The point to this post is that TDIU is for any veteran that can't work due to their service-connected disability or disabilities regardless of what the rating percentage is. Don’t think you have to be rated 70% or higher. Once again, if the symptoms cause you to be unemployed or you have to quit your job then you qualify for TDIU. Let the VA consider your evidence and go from there.

 

My intentions are to help, my advice maybe wrong, be your own advocate and know what is in your C-File and the 38 CFR that governs your disabilities and conditions.

Do your own homework. No one knows the veteran’s symptoms like the veteran. Never Give Up.

I do not give my consent for anyone to view my personal VA records.

 

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That's great to hear that you've seen a significant improvement in your migraines since receiving Botox treatment at the VA. By the way, even if your percentage rating for migraines is not the highest, TDIU can still be considered if your symptoms make it difficult for you to maintain employment. The important thing is to provide the VA with thorough evidence of how your migraines affect your ability to work. Also, I forgot to mention that while browsing online, I came across a cheap aesthetic clinic in Singapore that offers a range of treatments. I'm considering giving it a try myself.

Edited by Clackonsum
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