I am about to file a claim for Headaches. Below is the information I will supply in the claim. Do you think it will suffice?

[Wico1337]

Hello all, below is what I plan on filing with my VA claim. Do you think it will suffice? I was sure to point out I have a current diagnosis by the VA. A convincing nexus along with how the condition has already been acknowledged as being secondary to my current rated condition. Backed by citation of another veterans review. And finally, criteria of my condition and how it falls in line with the 50% rating for headaches.

Beginning of claim

"Headache Claim

 

 

With a recent suggestion of my VA Primary Care physician to include daily intake of Zyrtec and Flonase to ease my Allergic Rhinitis symptoms, my headaches have began to occur less frequently and less severe since taking the Medications suggested by the VA. This has made it apparent that my Allergic Rhinitis has caused my Headaches for many years. The ENT specialist at the VA diagnosed me with Allergic Rhinitis and prescribed me medication so I do not need to continue buying Zyrtec and Flonase.

 

The VA has already ruled that there is a direct nexus between Allergic Rhinitis and Headaches.

 

According to VA Citation Nr: 1048433

 

https://www.va.gov/vetapp10/files6/1048433.txt

 

Quote “Service connection for migraine headaches as secondary to allergic rhinitis is granted.”

 

All headaches, including Migraine Headaches, fall under the same category of ratings which is 38 CFR 8100. 

 

I have a diagnosis of Chronic Headaches from the VA Primary Care physician on file.

 

The following VA Finding means that while I am describing my symptoms, I will refer to my symptoms for my condition as unmedicated, as medication is not mentioned in the rating schedule for Headaches.

 

In Jones v. Shinseki, 26 Vet.App. 56, 63 (2012), the Court held that the veteran is entitled to a rating based upon his unmedicated condition – that is, the higher disability evaluation – if the effects of medication are not explicitly mentioned under the applicable diagnostic code of the rating schedule.

 

My condition for Headaches occur very frequently, forcing me to assume the prostrating position which is where I need to lay down in a dark area and rest my body and mind. This can last anywhere from hours to days. This has caused severe economic inadaptability. Causing me to cancel meetings with people, miss hours or a day of work, miss spending time with wife, miss participating in my things in life. All because of the extreme head pain and overall extreme body exhaustion that my headaches cause."

End of claim.

With all of the information above. How should I present my symptoms to the examiner? The examiner will be asking how frequently headaches occur. Should I follow the guidelines of pre-medication? Or when they ask me questions about how often I get headaches, should I answer them how I feel currently with medication? If I answer with how I feel while medicated, I have a feeling that the Rater will see the symptoms as a 30% rating. And I would have to appeal for a 50% rating as I should have been rated for 50%. What would be the best way to approach? And do you have any feedback on my claim statement above?

[Wico1337]

10 hours ago, Whodat said:

Vets have different ways. The way that I would do it, Private Message my PM care team,  ask them due they think that your headaches are caused by your (SC condition). 

They may or may not say it but it's in your records. 

They may say that only a Neurologist can answer that. Try to get a Neuro appt. 

 

Oh my god. I never knew this feature existed. This is so awesome, I just now sent a message to my primary care. I can indirectly ask questions that can later be used as evidence. I am extremely un-confrontational in person, so this is perfect for me. I REALLY wish I had known about this feature years ago, noone has ever told me about this.

[Whodat]

Glad that the Hadit family could help. Sometimes if you go back and read some of the old contents, you can see that we had this discussion. 

MrCue I believe had mentioned it. 

[broncovet]

Yes.  Before grabbing your checkbook and hiring an IMO, I recommend asking your doctor, 

"Do you think (my condition) is related to military service?"  (Wait for his answer). 

If he responds, yes, then ask him to write that down in your records.  

"Ask and ye shall receive".  

Rather than assuming your doc wont provide a nexus, why not just ask him/her?  

 

[ShrekTheTank]

Bronco is right.  Always ask as I got all of mine except 1 that I needed an IMO.  

I did this at the VA also.  All of my doctors notated that my issues were caused by and or worsened by issues caused while I was in the military.

The reason I needed the IMO was my PTSD kept getting lowballed at 10% (I am now at 50%) but this is what they do is give you something to shut you up.  

They hope you will not fight it as it is something, but it is not where you should be at.

Also use your Lay statements!  Document everything you can remember and tell them how bad it really is.  

[broncovet]

To clarify:  

A secondary condition is a disability caused by another Service connected condition(s). 

You can not have "headaches" secondary to a non service connected Rhinitis, for example.  

[Whodat]

Very true statement. But if he has something like SC PTSD, insomnia, anxiety/depression. These SC conditions that do not cause headaches but can contribute to his headaches. Could that be a secondary condition?