I know that this is a site for education only and I really do need to be educated a lot on claims procedures. Lots of you all have been a great help to me and I thank you all. Most of you are better help than my attorney.
This is what's going on and I am aware that I have went about it the wrong way and now I am trying to clean it up.
1. I filed a claim in 2018 for migraines secondary to tinnitus and other service connected conditions. I know now that I should have filed for headaches.
2. C&P exam completed 2019. Examiner stated tinnitus don't cause migraines. Did an HLR had another exam in 2020. Came back with a DTA, another exam was ordered. 2021 denied.
3. Assuming that my attorney appealed that decision, that didn't happen.
4. I have now lost my eed but it's ok.
Now I want to readdress this issue but uncertain on how.
If I file a new claim for headaches, VA will kick it back and probably say that I have open a claim for headaches and I need to do a supplemental which isn't true. I opened up a claim for migraines.
This is where I am lost.
Now my thoughts which I have the proof of a bad exam. Do I open up a supplemental claim for migraines and challenge my last exam?
Question
Whodat
I know that this is a site for education only and I really do need to be educated a lot on claims procedures. Lots of you all have been a great help to me and I thank you all. Most of you are better help than my attorney.
This is what's going on and I am aware that I have went about it the wrong way and now I am trying to clean it up.
1. I filed a claim in 2018 for migraines secondary to tinnitus and other service connected conditions. I know now that I should have filed for headaches.
2. C&P exam completed 2019. Examiner stated tinnitus don't cause migraines. Did an HLR had another exam in 2020. Came back with a DTA, another exam was ordered. 2021 denied.
3. Assuming that my attorney appealed that decision, that didn't happen.
4. I have now lost my eed but it's ok.
Now I want to readdress this issue but uncertain on how.
If I file a new claim for headaches, VA will kick it back and probably say that I have open a claim for headaches and I need to do a supplemental which isn't true. I opened up a claim for migraines.
This is where I am lost.
Now my thoughts which I have the proof of a bad exam. Do I open up a supplemental claim for migraines and challenge my last exam?
Thank you all.
Merry Christmas
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pacmanx1
It is always the veteran’s choice of how he/she should proceed, and it depends on where the decision comes from. I say this because if the VARO denied your claim, you the veteran can file an appeal/su
brokensoldier244th
Headaches are all lumped under 1 category for exam purposes. Are you claiming secondary to SC Migraines (specifically) or just headaches? Claim secondary to what you are already SC for and use th
Vync
I have had this happen so many times. In my initial claims from 20+ years ago, the C&P examiners failed to fully follow BVA remand instructions. Just a few years ago, the NP contractor failed to e
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