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.

[pacmanx1]

On 6/27/2022 at 11:18 PM, Wico1337 said:

From your knowledge and/or experience, would you suggest I file two separate claims? One claiming headaches with all "headache" terminology and one other separate claim for Migraines while only using the word Migraine and migraine terminology? Is there any downside or upside to doing that? I feel like it may be able to double up on my raters, until I get lucky enough to have one correctly rate me?

There is a Golden Ticket when filing claims. The VA wants veterans to believe that claims are based and granted on diagnoses, even though veterans need to have 1. A current diagnosis, 2. An in-service event, accident or incident and 3. A nexus connecting 1. And 2. The Golden Ticket is that claims are actually based on symptoms of records. Veterans are not medically trained, and headaches/migraines are subjective which simply means that they are different to the individual, but they can be observed and described by lay persons (anyone not medically trained and can give their statement or recollection of observing the event or episode).

Precedent Rule Clemons VS, Shinseki 23, VET. APP. 1-5 (2009). “Clemons v. Shinseki (2009) held that a service connection claim for one psychiatric condition (e.g., PTSD) must be considered a claim for any psychiatric condition that may be reasonably raised by several factors (e.g., the veteran’s description of the claim and/or symptoms, evidence submitted by the veteran or obtained by VA).” Yes, this decision is based on a psychiatric disorder but Clemons VS. Shinseki could be used for any disability claimed. 

As stated in my last post, all headaches fall under 38 CFR 8100 Migraines Headaches Category. So, when a veteran files a claim for headaches or migraines, the VA is supposed to consider that claim as headaches, migraines, rebound headaches, sinus headaches, tension headaches, cluster headaches and any symptoms describing the veteran’s episodes or events. The veteran does not have to file multiple claims for different types of headaches/migraines because they are already covered but the VA has a habit of misinterpreting regulations and misleading veterans. 

The VA has a habit of stating that there was no diagnosis of or record of a disability or that if the veteran had signs of migraines or headaches while in service that those episodes or treatments events were acute and not chronic and therefore not service connected but depending on the records both in-service and post service it would be up to the veteran to challenge or appeal the VA decision. 

I posted this a little over a year ago and it is still relevant as far as I know and can be used for different types of claims, just make sure that your evidence of records supports your claim. Keep in mind that these BVA decisions are not precedent but Clemons VS. Shinseki is and was used in each scenario. 

Clemons v Shinseki is way more than just mental health disorders - VA Disability Compensation Benefits Claims Research Forum - VA Disability Compensation Benefits Forums - HadIt.com Veterans

[broncovet]

Great post, pacman!   You cited Clemmons..I knew the VA could not just "blow you off" if you "miss" the diagnosis.  Vets are not competent to diagnose or treat medical conditions (except those who are medically trained, such as MD's), so a doc has to do that.  

The Veteran applies for Benefits.  Docs do diagnosis, treatments, and render opinions such as a nexus.  Rating specialists figure out if its primary secondary, presumptive, etc.

I dont suggest Veterans try to be an MD or rating specialist...well unless they go through medical training and become a doctor, or rating specialist training and become a rater.  But, dont try to do those things which you have neither the training nor experience.  

I do see this somewhat frequently..with Veteran claimants wanting to know VA's "process".  (Gee, I hate the word process..chickens get "processed", and that does not work out all that well for them.  So, I dont want to be processed!). 

There is some of that stuff which is just TMI (Too much information), and actually confuses us.  

I recall reading one case, where the "Veteran has to specify the benefit sought", but can do so "pointing to the part affected"..such as the knee.  The Veteran need not understand the difference between patella=femoral syndrome, or Cruciate ligament damage.  Its not his job.