I'm a Gulf War Veteran. Over the years my migraines headaches have gotten worse and I recently submitted a claim for migraines secondary to PTSD since Im rated at 70% SC for PTSD and 50% SC for sleep apnea.  See my 2015 C&P exam for migraines below:

2015 Migraine C&P Exam
    
    [ ] Review of available records (without in-person or video telehealth
        examination) using the Acceptable Clinical Evidence (ACE) process 
because
        the existing medical evidence provided sufficient information on which 
to
        prepare the DBQ and such an examination will likely provide no 
additional
        relevant evidence.
    [ ] Review of available records in conjunction with a telephone interview
        with the Veteran (without in-person or telehealth examination) using the
        ACE process because the existing medical evidence supplemented with a
        telephone interview provided sufficient information on which to prepare
        the DBQ and such an examination would likely provide no additional
        relevant evidence.
    [ ] Examination via approved video telehealth
    [X] In-person examination
    
    Evidence review
    ---------------
    Was the Veteran's VA claims file reviewed?
    [X] Yes   [ ] No
    
      If yes, list any records that were reviewed but were not included in the
      Veteran's VA claims file:
      
        VBMS
        
      If no, check all records reviewed:
      
        [ ] Military service treatment records
        [ ] Military service personnel records
        [ ] Military enlistment examination
        [ ] Military separation examination
        [ ] Military post-deployment questionnaire
        [ ] Department of Defense Form 214 Separation Documents
        [ ] Veterans Health Administration medical records (VA treatment 
records)
        [ ] Civilian medical records
        [ ] Interviews with collateral witnesses (family and others who have
            known the Veteran before and after military service)

        [ ] No records were reviewed
        [ ] Other:
              
    1. Diagnosis
    ------------
    Does the Veteran now have or has he/she ever been diagnosed with a headache
    condition?
    [X] Yes   [ ] No
    
       [X] Tension
              ICD code: ICD-9-CM 307.81      Date of diagnosis: unknown
    2. Medical History
    ------------------
    a. Describe the history (including onset and course) of the Veteran's
       headache conditions (brief summary):
         He denies any specific head injuries that precipitated headaches. He
         reports that he was diagnosed with headaches while on active duty. He
         reports that his headaches are intermittent in nature. He has a 
headache
         about every other day that is rated a "6". He takes Aleve for his
         headaches. He denies having to leave work due to his headaches.
         
    b. Does the Veteran's treatment plan include taking medication for the
       diagnosed condition?
       [X] Yes   [ ] No
       
       If yes, describe treatment (list only those medications used for the
       diagnosed condition):
         He takes Aleve ii tabs by mouth as needed to get rid of his headache.
         
    3. Symptoms
    -----------
    a. Does the Veteran experience headache pain?
       [X] Yes   [ ] No
       [X] Pulsating or throbbing head pain
       [X] Pain localized to one side of the head
       [X] Pain worsens with physical activity
    b. Does the Veteran experience non-headache symptoms associated with
       headaches? (including symptoms associated with an aura prior to headache
       pain)
       [X] Yes   [ ] No
       [X] Sensitivity to light
    c. Indicate duration of typical head pain
       [X] Less than 1 day
    d. Indicate location of typical head pain
       [X] Both sides of head
    4. Prostrating attacks of headache pain
    ---------------------------------------
    a. Migraine / Non-Migraine- Does the Veteran have characteristic prostrating
       attacks of migraine / non-migraine headache pain?
       [ ] Yes   [X] No
       
    5. Other pertinent physical findings, complications, conditions, signs 
and/or
       symptoms
    
-----------------------------------------------------------------------------
    a. Does the Veteran have any scars (surgical or otherwise) related to any
       conditions or to the treatment of any conditions listed in the Diagnosis
       section above?
       [ ] Yes   [X] No
       
    b. Does the Veteran have any other pertinent physical findings,
       complications, conditions, signs and/or symptoms related to any 
conditions
       listed in the Diagnosis section above?
       [ ] Yes   [X] No
       
    6. Diagnostic testing
    ---------------------
    Are there any other significant diagnostic test findings and/or results?
    [ ] Yes   [X] No
    
    7. Functional impact
    --------------------
    Does the Veteran's headache condition impact his or her ability to work?
    [ ] Yes   [X] No
    
        
    8. Remarks, if any:
    -------------------
       Medical Opinion; VBMS was reviewed and there was no mention on his exit paperwork that he had any problems with headaches. When the veteran came to the VA for treatment, in 2009, his PCP appt. put this statement about his headaches in the record, "NEURO-tension headaches , had CT scan of head  in the County ER and it was negative. No migraine headaches. No seizures, no stroke." The veterans current headache problems are diagnosable with a partially known etiology. This condition is less likely as not caused by or a result of his active duty service time in the Navy over 20 years ago.

_______________________________________________________________________________________________________________________________________________________________________________________________

Since 2015 my headache severity and occurrences have almost tripled.  I submitted a claim for migraines secondary to PTSD since Im rated at 70% SC for PTSD and 50% SC for sleep apnea.   I submitted case notes from my PCP stating I have migraines along with prescription meds and dr. notes from non-va neurologist who diagnosed me as well and prescribed migraine meds. In January of this year, my VA dr. started prescribing  me meds for my migraines as well since my insurance changed and visits to the neurologist were billed as out of network and was too high to pay out of pocket.  

I submitted a lay of statement from my wife, a migraine diary with 6 months of records,  and my neuro dr. notes that indicate that I missed almost 5 days per month out of the 15 scheduled days because of these headaches along with  meds prescribed for my PTSD that has side effects that cause headaches. 

Will this be enough to assist with establishing my claim?  My claim has been  in PFD for over 45 days and have exceeded the estimated time of completion twice  and no C&P exam has been scheduled or pending.  Any comments? 
       

https://cck-law.com/news/CCK-wins-precedential-case-TDIU-meaning-substantially-gainful-employment

I'm trying to make it easy for my doctor to help me with my VA claim. I'm filling out my DBQ for Migraines and I'm stuck on Section V 5B. I don't understand the section. Any advice would be much appreciated. Thank you 

I recieved a decision from BVA in Aug of last year...they owe a bit of Retro pay.. 

Was told went to Authorization on 21March...they recieved Authorization on 28Mar...

What does this mean...Are they ready to issue payment an reward letter?

What are some of the ways you can qualify for this benefit...what about chronic sciatica  and not being able to ambulate around house...difficulty keeping up with and taking care of kids...and chores around house...wife has alot on her plate...can she be paid to stay home and take care of the house and kids

When notifying me of their intent to reduce my advanced/stage III prostate cancer (PC) disability to PC "residuals", in h/her assessment, the VA's adjudicator's rationale for the reduction, assumed that after treatment, the cancer was now in remission, a decision with which my team of doctors did not concur. On receiving notification of the VA's intent, I submitted a Notice of Disagreement (NOD), with additional medical evidence provided by my physician, that verified that my residuals should be 80%, (versus 60%) based on the VA's own criteria. 

The VA did not reply to my NOD, but later notified me that their estimate of the NOD's anticipated resolution was 567 days, due to their backlog & any appeal I might submit would have an undetermined end date due to their backlog. The VA then, at the end of Feb. 2019, unilaterally, without consulting with me, reduced my disability & compensation without following the normal VA procedure, i.e., sending me a letter of reexamination and arranging with me to have a physical reexamination by a VA appointed physician before a decision could be taken by the VA to reduce my disability rating & compensation. At this point, the VA has not given me their decision on my request to reinstate my previous rating until the VA procedure is followed to make an interim decision on my disability compensation. I will be grateful for advice and recommendations.

When you get a VSO, you assume he is on your side, right?  Of course, there are many great VSO's who are a great help, but, which one will "you get", a great VSO knowledgeable and willing to help you in every way, OR, a rookie, or a VSO who is more interested in helping VA achieve their goals.  Chances are, you will get one of the last 2 and not get a great VSO.  Why?  Well because the great experienced VSO's are super busy, so when you call the office, they are "booked up"...so you are referred to a rookie or a VSO with a well deserved poor reputation, both of which have plenty of time to see you.  

This does not mean all VSO's are out to get you, or that all are bad.   There are many great VSO's out there, its just that it is difficult for the Veteran to "land" a great VSO for the reasons I explained, above.   As President Regan once said, "Trust but Verify".  

Here is how a poor VSO can sabatoge your claim:

1.  By delaying, manipulating the dates,  or not sending your claim in at all.  Filing a claim is a lot of work.  When you leave his office, you assume your paperwork will be sent to VA promptly.   This isnt always the case...even VSO's have been caught with dozens of Veterans unfiled claims in boxes.  Here is evidence a VSO manipulated the Dates on Vets claims to avoid self incrimination:

https://www.va.gov/oig/pubs/VAOIG-15-01332-121.pdf

2.  By not keeping a record of everything he sends VA in your behalf.  I have personally submitted claims for dependents through my VSO, who either never sent it in, OR, sent it in and VA lost it and he failed to store a copy long term.  VA says they have no record of it.  Of course, this costs the Veteran money in retro benefits, and, sometimes, means the VEt has to appeal unnecessarily so.  

3.  By not reviewing your records and submitting all the benefits to which you may be entitled.  Some common benefits to which Vets are sometimes eligible, but are not filed are:  Pension benefits (MY VSO did this, I had no idea I was eligible for pension until 2 years later), TDIU, Aid and Attendance, Education benefits (Chapter 35), and Voc Rehab benefits, especially ILP.  

4.  By neglecting or disregarding some "very firm" deadlines and informing you of the same.  The "one year" appeal deadline is "carved in stone" and, if VA receives your NOD 366 days later (except in leap year), you will lose every time.  

5.  By lying to the Veterans they represent.  I called my "national VSO" and asked him why ebenefits showed my appeal was "with VSO".   He responded to not worry about this because my place in line was "held" because I had a docket number.  However, when I called the BVA, they did not have a docket number because they were waiting on my VSO to file a brief in my behalf.  Thus, the VSO lied and delayed my claim another 18 months, unnecessarily so.  

6.  By withdrawing the POA at inconvient times, sometimes due to stuff unrelated to the Veteran.  MOPH, for example, has pretty much closed its offices, so even tho MOPH is still representing Veterans, often the Veteran has no way of contacting their VSO.  

7.  By not returning Veterans phone calls.  The Vet had a reason for calling, so he thinks he "took care of it" by calling his VSO and leaving a message.  When the VSO never returns the call, the issue is often forgotten, but that does not mean VA forgets to send you a denial, or, almost as bad, just delays your claim.  

8.  By giving poor advice.  Example:  Apply for "one" benefit at a time, and wait until that is resolved before applying for others.  This hurts your effective date and costs you money.  Example 2:  Dont apply for any more benefits, VA will "review your file" and reduce you instead.  Fill in cliche, here:  (Dont Rock the Boat, Leave sleeping dogs lie, Dont stir the pot or you will get burned, Be happy with what you got (and dont ask for all that you deserve), etc., etc)  

9.   By being lazy, inefficient, complacent, mad at another Veteran, etc.  Filing an appeal is a lot of work.  It means gathering evidence.    Why bother?  It does not affect the VSO's paycheck.  Your VSO does not have "a dog in the fight" like your attorney does.  

10.  By neglecting Checking VBMS or other records for things like required C and P exams and notifying the Veteran.  

If I forgot any, and your VSO sabatoged yoru claim in other ways, please post it below.  There are many more ways they can sabatoge your claim!!  

Going before the BVA at the end of March. Was service connected for asbestosis right away but was given 0% compensation . On my C/P exam my FEV  was 42% .....any one else out their struggling with these knuckleheads

You asked in my profile ( which I hardly ever read)

"BroncoVet and Buck52 have given me 2 different dates to file my Form 9. When you have a minute would you take a look??"

I dont do PMs and dont know what you mean by' take a look.'

I am sure  that  both Buck and Broncovet are correct. There are 3 filing options. This is the Feb 2019 new version of the I-9.

In the instructions, under # 4 you will have the answer. Just pick the one that is best for you.

https://www.va.gov/vaforms/va/pdf/VA9.pdf

HELP!!!

I filed a claim for PTSD and was awarded 70%.  I had not worked in over 3 years and thus filed a claim for IU.  I've been back and forth with the VA and sending all the info they asked for to include employment info for past 5 jobs. I just received this message below and apparently they sent a letter that I have not received yet but I'm not sure how to respond...please advise.. Again, I've already been awarded 70%, does this mean they might be looking to lower my percentage in lieu of the increase?  Goodness, I sure hope not!!

furnish details regarding the stressful event(s) that caused your post traumatic stress disorder. the response we received does not meet the minimum level of detail needed for va to seek assistance from the u.s. army and joint services records research center (jsrrc). jsrrc assists va in verifying veteran's claimed stressful incidents when va cannot verify the stressful incident based on records from the service department or when va cannot obtain the necessary records from the service department. it is important that you provide us with more specific details concerning your stressful event(s). failure to respond or failure to provide a complete response to this request may result in a denial of your claim. specifically, we still need: *<insert information>.

Logged into eBenefits today and my (migraine/headache) claim went from PFD back to GOE. The estimated completion dates has been moved back to another 4 to 6 months again! The message states "We closed the notice for Request 1"  which was an C&P exam.  It states developmental letter sent.

Previous post says this means and C&P exam has been scheduled, while another vet posted this means a C&P is not needed bc I have enough evidence. Any feedback? 

I was awarded 10% compensation for planters wart on the bottom of my right foot back in 1994. I was denied compensation for lower back strain upon first request, and denied for degenerative disc disease in 2018. My question is how can I prove that the pain from the planters wart on the bottom of my foot caused me to walk so difunctionally that it caused my back to strain over all these years. Ive also spent many attempts to remove the Planters wart, but was unsuccessful?  

Good morning,

So a couple of months ago I posted that VA had sent me a Proposal to Reduce. In the proposal they alleged that the radiculopathies in both my lower extremities had showed improvement and would currently rate as "moderate" from the "moderately severe" that I had been evaluated for previously.

As such, I requested the report from the current C&P exam that they used to "show that improvement" and I got the DBQs from that yesterday. All the while I was thinking that I got a "bad exam", but to my surprise the C&P examiner stated in one DBQ that my radiculopathies were "Severe" and in another he marked my Sciatica as "moderately severe". So, can anyone tell me why I might have received this proposal to reduce and how do I go about correcting this?

Thanks.

I started my original claim last year in July. I finally got approved for Major Depressive Disorder and got my approval rating of 50%. My claimed closed on March 30 and now I am waiting on back pay. I was wondering how long it usually takes after getting the approval until I get my back pay. I got my percentage off of the ebenefits website. Have not receive my approval package yet.

This article on S 221 is exactly what I hoped my OAWB complaint would lead to- that something has to be done!

I emailed the Triage OAWB manager to see if the evidence I sent to them ,starting this past June , had input into it -otherwise I will send it to the Senate VAC.

In part the article reads:

"The VA Provider Accountability Act, S. 221, sponsored on Jan. 24 by Sen. Gardner, who was joined by original cosponsors Sens. Moran, Collins, Cassidy and U.S. Sen. Joe Manchin (D-WV), would amend title 38 of the United States Code to require the under secretary of health to report major adverse personnel actions involving certain health care employees to the National Practitioner Data Bank, as well as to applicable state licensing boards, among other purposes, according to text of the bill.

“It is critical that those on the front lines of caring for our veterans are held to the highest level of accountability,” said Sen. Moran. “For too long, mistakes made by VA providers have been concealed by the VA and not reported to the appropriate state and federal databases.”

https://riponadvance.com/stories/senate-republicans-tout-benefits-of-va-provider-accountability-act/

This could impact as well on my 1151 complaints to OAWB.

"Area 1151" as I call it, holds no outerspace aliens- it is where the VA hides their 1151 payouts.

Between me ( on 115 1 DIC  1994 until 2009 , then it changed to direct SC )and my husband's Vietnam Vet buddy (they both worked for VA) and I got him 100% P & T under 1151 about 22  years ago-if you consider the math alone, VA  has paid us a bundle that of cash that is solely due to VA malpractice.

( MY FTCA offset as refunded by my AO DMII death claim-but without filing that claim, it would still be 1151 money for 24 years.)

I dont have a problem with 1151 comp for any deserving vet or widow- but I do have problems with the fact that these negligent medical people who actually work for the VA ( Unlike the VA's contractor program- hiring contracting medical personnel who are NOT VA employeess, therefore Not subject to FTCA or 1151)yet can treat veterans,

are never disciplined in any way for causing 1151 awards.

This is GREAT NEWS! I just hope it gets enough sponsors and gets passed.

I have been griping on this issue to anyone who could change it for 24 YEARS!!!!!!

That included the House VAC , under Jeff Miller, years ago and the Office of General Counsel, many times since my FTCA settlement.

I am estatic !!!!!! This can and will SAVE LIVES!!!!!!!!

I got out of the Air Force in Dec of 2000.  I'm ashamed to say that before I exited the military, I was not informed that I should file a claim as I was having active issues with an "unknown tummy issue"  at that time. I was overseas (Turkey) and had been referred to several specialist in the area to determine my condition.  No one was able to, other than the fact I was told I had two spleens (LOL).

Just before a PCS, I was told my gallbladder was the cause of all my pain and should be removed upon arriving at my next base.  When I arrived at my next base, the GI doctor there said it wasn't my gallbladder and that he wasn't quite sure what it was.  I was actively dealing with these "unknown tummy issue" upon my exit from the military. 

Once I got out, I was back and forth to the dr. and emergency rooms for 2 years before it was determined that I had a hiatal hernia along with GERD.  I've been on INSAIDS and the gambit of over the counter drugs to combat severe symptoms of heartburn, regurgitation, pain (OMG, the painII), and gas since then. I filed a claim in 2001 and was denied!  Upon appeal, I received 10% for GERD/hiatal hernia.

I have been dealing with issues of PTSD to include depression, anxiety, etc...for many years. As with most mental health patients, the sigma's attached were made it difficult for me to admit first that it was a problem, but then to eventually seek help. In 2018, I filed a claim for PTSD and was awarded 70%.  At this point, however, I had lost my 10%  (Jul 2016) due to not responding to a request from the VA. 

My question:

My claim was decided with 70% PTSD, 10% Tinnitus, and GERD/Hiatal was deferred.  

When I view E-benefits, it appears that GERD and Hiatal Hernia have been separated as if into two separate conditions but still is the only condition, besides recently filed IU, I haven't been rated on .  I'm not sure what to think of this, any ideas?

I would like to know how these procedures applicable to administrative appeals could apply to my appeal for EED, if any. Thanks!

When a claim is remanded ,  would that mean the claim will be denied  ?

The only thing I can think of the request below is for my PTSD records and the vet center, because the VA could not help me.  This was on the Remand also.  I hate when they combine things and give very little information.  For the request below I already submitted this back in june when the remand came out.  also it is not on the conditions they have now added below.  I am assuming I should submit it here again?

current request

Request 1

Due Date: 04/24/2019Status: Needed

On your application, you indicated that you received treatment from <provdr_nm of no 4142>.

Complete and return the enclosed VA Form 21-4142, Authorization to Disclose Information and VA Form 21-4142a, General Release for Medical Provider Information, so that we can obtain treatment records on your behalf. You may want to obtain and send us the records yourself, if possible.

Please complete both of the attached forms in order for us to assist with obtaining your records.

Next:

tension headaches (Increase), sleep apnea (related to: PTSD - Combat) (Reopen), Dercum Disease (Lipomatosis Dolorosa) for exam purposes only/per deferral (Increase), fibromyalgia (for exam purposes only) (Increase)

They just added the Dercum's and the fybro to my open claim.  I am assuming the Dercum's is for the remand from the bva.  The fybro is for the headaches, which I now have a Migraine DBQ with LHI (I did one of these in January).

How long does it take to receive a decision letter from the VA?