Would VA C&P recognize documented "Chronic headaches with nausea and fatigue, involving light sensitivity" as Migraines?

[Wico1337]

I feel like VA doctors refuse to give a proper diagnosis on anything. From my standpoint, I feel like I get migraines. The pain only occurs like once a month, but when it hits, I feel such extreme pain all around my head and am so fatigued that I literally have to lay down until it disappates or take Migraine Medicine. However, my doctor listed me as having "Chronic headaches with nausea and fatigue, involving light sensitivity".

My question is... If I file a VA claim for Migraines and this information is presented to a VA decision/rater, would they recognize it as Migraines? Or do I need a clinical official diagnosis for Migraines? I feel like any person who is being reasonable would look at the text written and safely assume they are describing migraines without saying it.

[brokensoldier244th]

Why be so specific? You have headaches. Claim it that way. They all fall under the same diagnostic code. If you claim a specific condition and have no DX some examiners may say “ no diagnosis” , so don’t shoot yourself in the foot. I see it all the time with "Sleep Apnea". You have sleep disturbances (a presumptive of Gulf War and SE Asia, by the way, look up MUCMI) but you claim Sleep Apnea. Well, you don't have a SA diagnosis anywhere in your file, so.......

You have a diagnosis. That’s only part of it. How are they service connected? That’s the next question you have to at least sort of have an answer to. Are you claiming them directly, I.e. chemical exposure, burn pits, SE Asia? Are you claiming they secondary to something already rated- hypertension, tbi, ptsd)?
 

 

Edited June 25, 2022 by brokensoldier244th

[Richard1954]

2 hours ago, Wico1337 said:

"Chronic headaches with nausea and fatigue, involving light sensitivity".

This is a diagnosis, it may not be what you thinkj it should be but nevertheless its a diagnosis. Now you have to determine what is the cause of it. Can it be related to a service connected condition, as secondary, or is it a condition caused directly from you service.  And as you know it may have nothing to do with your service, and is just a new condition base on something more recently. If you place a claim you need to be able to tell the raters what you think is the cause. If you do not know the cause,  the va will likely deny the claim. You should have asked your doctor what he/she may think it is cause from. Since it involves light sensitivity,  I am guessing it had nothing to do with your military servide, but that is just a guess, and I am not a doctor.  I am attaching the VA rules for VA doctors to write an opinion for a medical issue, most don't like to write them and will say they are not allow to write them, but any doctor that says that is lying, and just doesn't want to be bothered.VHA directive 2000-029 Medical Opinions by VA Doctors.pdf

Form for Doctors Statements.pdf

[brokensoldier244th]

8 minutes ago, Richard1954 said:

This is a diagnosis, it may not be what you thinkj it should be but nevertheless its a diagnosis. Now you have to determine what is the cause of it. Can it be related to a service connected condition, as secondary, or is it a condition caused directly from you service.  And as you know it may have nothing to do with your service, and is just a new condition base on something more recently. If you place a claim you need to be able to tell the raters what you think is the cause. If you do not know the cause,  the va will likely deny the claim. You should have asked your doctor what he/she may think it is cause from. Since it involves light sensitivity,  I am guessing it had nothing to do with your military servide, but that is just a guess, and I am not a doctor.  I am attaching the VA rules for VA doctors to write an opinion for a medical issue, most don't like to write them and will say they are not allow to write them, but any doctor that says that is lying, and just doesn't want to be bothered.VHA directive 2000-029 Medical Opinions by VA Doctors.pdf

Form for Doctors Statements.pdf 187.18 kB · 3 downloads

You don't even have to be exact, just plausible. Lay statements, no matter how far fetched, are admissible. I had one this week where someone claimed erectile disfunction secondary to tinnitus. #$()$*#)(#$??   But, hey, whatever, man. Still, if you can draw a reasonable lay opinion of why you think your condition is service related, and 1 better, get your doctor to say, "Sure, maybe...." thats still evidence that is considered. I see decisions all the time where a lay statement was considered in the final decision granting of service connection. 

[Richard1954]

6 minutes ago, brokensoldier244th said:

I see decisions all the time where a lay statement was considered in the final decision granting of service connection. 

I've seen it too, in fact many of my secondary conditions were claimed based on my reading of medical articles  and realizing hey , this is exactly the issue I have. So I submit the claim with no nexas , and sure enough the claim is granted with an opinion its as likely as not.   The va really makes it easy to get some claims approved because of the likely or not opinion. But I still recommed the veteran having an understand of the cause of an issue, and if its not known ask a doctor.

Edited June 25, 2022 by Richard1954

[brokensoldier244th]

1 hour ago, Richard1954 said:

I've seen it too, in fact many of my secondary conditions were claimed based on my reading of medical articles  and realizing hey , this is exactly the issue I have. So I submit the claim with no nexas , and sure enough the claim is granted with an opinion its as likely as not.   The va really makes it easy to get some claims approved because of the likely or not opinion. But I still recommed the veteran having an understand of the cause of an issue, and if its not known ask a doctor.

Oh absolutely, if for no other reason than to understand what they have, and self care. 

[Dustoff1970]

According to Mayo Clinic and other reputable medical research institutions the symptoms for Migraines does include those you just described among others.

Migraines are a unique type of headache according to Mayo and here is the link to that 

report.   https://www.mayoclinic.org/diseases-conditions/migraine-headache/symptoms-causes/syc-20360201#:~:text=A migraine is a headache,sensitivity to light and sound.

Your doctor said therefore that your headache symptoms are basically same as those of migraines so I would file for Migraines and stress in your claim arguments/contentions that the doctor diagnosed you with "Migraine" and use only the term migraines in your claim, not headaches and list all your migraine symptoms.

You need to include with your claim any and all medical records (copies only) for treatment of your symptoms, prescription medications copies for the migraines even if called headaches and include dates of everything.  Don't assume VARO raters will have or acknowledge those records in your file and send copies of what you do have.

Also include copies of the above Mayo Clinic Google link and provide additional copies from other medical research organizations that confirm the Mayo findings.  

A google search for Migraine symptoms will yield these other links that you can copy and include with your claim and take same copies to the C&P exam.  Sometimes some examiners will look at your offered medical evidence and even keep for later viewing and sometimes they will not.  I have always brought medical record copies with me to exams and sometimes this has worked.  They are not obligated to look at or accept anything you bring. 

I have over course of 36 years successfully used the above methods to win VARO claims and BVA appeals in spite of contrary statements by J Napier and Joe Chill.

For example, without a doctor's nexus opinion or diagnosis I was recently awarded 60% for Gerd due to my long-term PTSD and PTSD meds based only upon 22-year-old VA treatment records (2000 to 2022) and medications for GERD as a short sentence in the medical notes.  QTC Exam was a breeze based upon their review of said records and my written and oral statements that my PTSD caused GERD.  I also included copies of medical research treatise stating stress and Ptsd medications cause and aggravates GERD. VARO approved the claim within 20 days.

Since migraine is another type of headache then you have a good chance for winning the claims or a BVA appeal if you are required to appeal.  Remember many diseases have different names but same symptoms such as my Vietnam Agent Orange Ischemic Heart disease that is also called Cardiovascular Artery Disease (CAD) and IHD for short.   All three are recognized by VA raters as ischemic heart disease.  GERD is also called different names by VA raters and VSOs.

If you can get another doctors opinion/diagnosis calling your headaches Migraines, then do so.  That would be even better. Good luck.

This is another full and complete answer by me to a deserving vet.

My comment is not legal advice as I am not a lawyer, paralegal or VSO.

 

Edited June 25, 2022 by Dustoff 11