How to obtain 50% VA rating for Migraines/Headaches
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- čas přidán 25. 07. 2024
- How to obtain 50% VA rating for Migraines/Headaches
You have VA claim questions. Our channel provides educational and informational videos on the VA compensation claim process. We educate veterans on disability benefit questionnaires (DBQs), nexus statements, individual medical opinions, (IMOs), VA disability benefits, how to win your chapter 35 benefits, what is permanent and total (P & T), easiest VA claims to win, and much more. Don't be frustrated, get educated
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“I would like a copy of my entire claims file to include all service treatment records, personnel records, DD 214 and rating decision/s to include code sheet and any compensation and pension exam from the VA and any third-party contractors. The entire electronic claim folder on CD.”
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How I obtained a copy of my VA Summary/Breakdown letter to include the diagnostic codes.
I called the VA at 800-827-1000 and inform them that:
“I would like a summary letter/disability breakdown letter to include, all my service-connected conditions, percentages and diagnostic codes.” (If you are not service connected, you will not have one). Also, you can have them email or fax (if you don’t have a fax at home, you can download a fax app in the play store on your phone) this information, if the person doesn’t want to email or fax it, hang up and call back and speak to someone else.
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DISCLAIMER: KMD89 VA Claims Consulting is a consulting company that is not holding itself out as a representative of veterans in any capacity with any government agency of any kind. We are not an adviser, claims agent, veteran service officer or VA representative and do not represent anyone before the VA. These videos are for educational/informational purposes only, and anyone watching these videos understands that the information is for these purposes only and it is not to be solely relied upon for the Veterans affairs compensation process as it is only a broad and general overview of the VA claims process. While it is possible to maximize your benefits, it’s solely your responsibility to become educated on the VA disability compensation claims process. It is imperative that you conduct your own research. I am merely sharing my opinion with no guarantee of any benefits.
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I would like to say thanks for your help. The information you provided took me from 0% to 50% for headaches which put me a 100% p@t. Thanks for what you do for all the veterans out there.
WOW, that is great to hear. I'm glad the videos were educational for you to maximize your benefits. Thanks
How long did it take for them to make you 100 p&t?
@@cherylagyemane8672 my fight with the va started back in 2001.
can you connect it to your Combat Job you had?
@@msway836 they connected it to my ptsd. They did it without me providing an nexus.
Very informative. Appreciate the work and sharing of your experience.
Your welcome, it's my pleasure to educate veterans on this process.
Thanks man..good info on the subject
Your welcome and thanks for the feedback.
Extremely helpful! Thank you
Glad it was helpful!
Thank you and I love this channel. I need to look at how and where to research my rated conditions and reapply.
I think you just joined my veterans Facebook group. Check out the website www.kmd89.com. Don't forget about my FREE upcoming event: www.eventbrite.com/e/646378173517
thank you for the information and work you do. Also, thanks for the video timeline tabs - helped me skip over the off-topic ramble. ;)
No problem but all the information in the video is important, I try to keep them short. Thanks again
Thank You. Great INFO!
You're welcome and thanks.
Thank you so much for your content and attention to detail!
Your welcome and thanks for the support to the channel and don't forget about our upcoming virtual event: www.eventbrite.com/e/646378173517
Great informational video! Thank you for what you do for us veterans!
Thanks for the feedback and your welcome.
Thanks.
I have been suffering from Tininis, migrains, fatigue, hearing loss, vertigo, light & sound sensitivity, nausea for many years. It got completely out of control about 5+ years ago but with all the medication I was on could not focus on a cause.
I got off all my pain medication and the migranes have become unmanageable.
Your video really helped clarify some things.
I'm glad the videos where helpful. Good luck going forward with your claim.
Thank you for the education and knowledge. Just submitted my increase with a DBQ that was actionable and sufficient for rating purposes. There was no C&P exam went straight to decision phase on April 6th just waiting now! God willing will get my increase due to the severity and frequency of my symptoms!
I like when I hear veterans say their DBQ and nexus was actionable and sufficient. Some VA employees are requesting exams when they are to do what happened in your case. Let us know how it turns out.
Thanks for helping other Veterans, God bless
Any time. Go from 0% to HERO and win the VA compensation you deserve, with my monthly veteran membership: 💪 Sign up now and take the first step towards a smoother VA journey - va.kmd89.com/home-page-9675 Use code: VET50 to get 50% off each month (discount expires May 1st). We have a 12 hour live stream marathon. Are you ready to be part of this epic journey? Be our guest on our CZcams 12 hour live stream, submit your questions, and let's see if we can hit that 1000 mark together! 🎯✨ forms.gle/rfvMGQgaCnnmJF9g7 Each quest will have 15 minutes.
I had my brother apply for an increase back in 2011, because I knew he met the criteria for 50%, and his inability to keep employment because of his migraines. He was awarded 100% unemployability as well.
Congrats on obtaining his benefits.
Great information!! Thank you for uploading these types of videos. Im getting close to my 20 and I have been thinking about retiring. I want to make sure I do my VA claims right the first time.
Your welcome and make sure you get educated on on the claims process. Also, my next video will be on BDD claim per your request and don't forget about my live stream on November 12th at 7PM EST.
David you can’t go wrong here, Dewayne’s been my VA sherpa and has walked me through the process and in filing multiple claims. There are options but when you meet a guy who has the VA code book / VA bible tabbed and highlighted you’ll note he’s a walking dictionary on this process. Congrats on your 20 oohrah!
Ron thanks for keeping it real
Your welcome
Thank you!
Excellent video & great information
Your welcome and thanks for the feedback.
Hello
Thank you for always helping us to reach the final goal. I just got the decision for headaches and it was 50%
I am currently receiving 100% T&P
Unfortunately I did not receive the decision from the date I requested the increase in 2017
I received the SSOC and my question would be whether I should continue with the Legacy Appeal system or the Appeals Modernization Act.
@@lauramelendez2349 Congratulations on the 100% P & T. My next video is on how to win and fail at a HLR (previously known as an appeal).
Another very good video!
Thanks for the feedback
Thank you for this information. My migraines are so bad that I have to take sick leave and this is great to understand and know. Also talking about migraines makes me feel like I am going to get a migraine.
Thanks for sharing and hope the information in the video helps get you service connected.
Nicely done!
Hello Keto Man, thanks for the support to the channel.
Thank you great video
Very welcome
Keep up the great work
Thanks, will do! Don't forget about our upcoming FREE event: www.eventbrite.com/e/646378173517
Thanks for always providing good information. I suffer from migraine at least 4-5 times a month and I know how bad they are.
No problem
Again, great information in here. Thank you. I promised to give some insight on my disability claim process. I got out January and filed my claim in February due to a deployment my final year. My claim date was February and the C&P exams were in Apr. I received a rating of 90 percent late July. My status is still evidence and review and I haven't received any compensation as yet. Due to the 7 month time-line I hope this helps atleast one person. Best of luck!!
Thanks for sharing.
Always good info TY xc
Any time!
There are some good apps for documenting your migraines as they happen. I’ve been using one and it has the ability to run reports with all your data about each episode. Easier than trying to write it down.
Thanks for sharing, I used an excel sheet.
You prolly dont give a damn but does someone know of a tool to log back into an instagram account?
I was dumb forgot the login password. I would appreciate any tricks you can give me
Excellent
Thanks
Getting to 100% P&T is a good thing simply for my health care that's the best part it relieves me of a lot of extra financial concerns as I get the quality health care I very much need... as for Migraines? yes I get them they really Suck they put me down for 4 1/2 to 5 hours sometimes gotta Lay down in a dark quiet room..
another thing my Migraines are a secondary condition due to my Military Diagnosed PTSD
Thanks for sharing.
Good morning Dewayne. I writing to to tell you thank you, thank you, thank you for your videos and advice on all topics but especially Migraines. I was just awarded 50% for Migraines and tension headaches secondary to tinnitus. I still have sleep apnea and PTSD pending. You are an absolute awesome asset to the veteran community. I really can't put into words how appreciative I am. To all veterans out there fighting for the benefits you have earned in service of our country never never give up.
Wow, that is awesome. I'm pleased to hear that. My videos are to educate veterans like yourself. Keep going to until you reach the percentage you feel you deserve. I will keep putting out educational videos.
@@DewayneKimble That’s money dude!! Put that on a cracker. LOL
@@joeh14 Wow, that is so funny, I just watch a couple of his videos pulling a couple snapping turtles out of mud.
@@DewayneKimble I saw it too
Hey @joeh14 awesome to hear you got the rating you deserve! Just one personal question if you don’t mind me asking, how did you go about the tension migraines secondary to tinnitus and how much rating were you awarded? If you don’t feel comfortable sharing that information I 100% understand just would like to see how you went about it for my claims process.
Hey Dewayne. Your videos are so informative. Thanks for educating veterans. I applied for migraines under gulf war syndrome. Unfortunately l do not have any in service medical records. The first record l do have is 10 years after l left service. The decision was denied stating that migraines is a diagnosed condition and does not qualify for GWS plus the length of time from separation and diagnosis. I can get a buddy letter from my wife stating I had the migraines when l returned from Iraq but since l was diagnosed with migraines does that automatically rule out my claim?
Your welcome and thanks for the support. Your information would have to be reviewed, In the VA's M21 and 38CFR, there is a lot information on Gulf War conditions you can research. That would be a good starting point.
Great stuff as always. I am service connected for tinnitus and hearing loss. Just went to migrain C&P. I put it on a supplemental due to claimed and denied in 2010 as per the VA Rater instruction.Hoping for great resolution. What date if service connected for migraine will be used? I did get a nexus for connection and in VA Problem as Migraines without Aura and taking Migraine meds from VA. Thank you in advance.
Thanks for sharing!
It never crossed my mind to submit my FMLA paperwork as evidence. Thank you
As a veteran, you can submit that as evidence.
@@DewayneKimble FMLA?
@@supasav6667 Evidence is evidence. The M21 shows examples of evidence of migraines/headaches examples.
@@DewayneKimble I'm not familiar with some of these terms
thank you for this awesome video. I didn't know you could deny a c&p exam! you are saying that a DBQ is sufficient to submit from a 3rd party doctor? I also have a nexus and diagnosis from 3rd party doctor. Thank you in advance!
Not that you are saying it but knowing it is.
Thank you for this great information. My C & P is tomorrow so hopefully it will all go well.
thanks and let us know how it goes.
@@DewayneKimble Certainly!
@@cw9533 how did it go with migranes?
@@Sarnt_Eskie I was told it maybe linked to insomnia. It was processed together and now I wait to get a rating.
@@cw9533 its good to hear that you are being compensated, did they tell you your rating was?
I just got my c&p exam 2 days ago for ptsd and i was told i need to tell my primary care team at the va to set me up for psychiatrist.
And im going to see someone this friday for migrain. I think its an evaluation thing for it. Have you done it? Or have someone come see you for migrain?
Good video. What do you do about the DBQ's being expired?
In some of my previous video's, I share the link to the VA's website with the new DBQ's from March 1, 2021
I just started the process. Seems easier to get over Berlin wall. 11B east Germany.
I have several videos on the 1st steps on my CZcams channel. 1/82 and 2/82FA 1CAV.
Good video
Thanks
Thank you so much for this video. My husband just directed me to your videos because I am currently rated at 30% but I need to submit info for an increase. I have been seeing a neurologist at the VA hospital for migraines since 2006 (that’s when I separated.) How do I go about getting my doctor to fill out a dbq so that I can use that to submit a claim? Also do you suggest that I use a VSO to help with my claim or is this something that I can do on my own? I also keep a log on the My Migraine Buddy app.
I'm having a live Q & A session on the VA claims process tonight, please join. www.kmd89.com/services
hey dewayne great work on your videos ive subbed! wanted to know how you got your initial cp exam files that you were talking about in 7:40? im going through this process now as of 2021. but its good to know in the future in case of requesting an increase
Thanks for subscribing. Way back when, I went to the "release of information office", and obtained them. They were done at the VA. There were no private C & P examiners at that time.
@@DewayneKimble oh okay. Things have changed. Appreciate the feedback.
@@kt3o5 No problem
15:11 I can't say it now. Lol. Thanks for video
I'm from the country, so I got a little tongue tied. You can laugh, it's ok.
Wonderful video. May I ask for a clarification? You mentioned Meds. What if your Migraines are controlled with daily medication (Topamax)? Do you then not qualify because those 50% symptoms are controlled? Thank you
I don't recall stating medications are part of the 30 or 50% criteria. You can review DC 8100 and it will give you the criteria.
@@DewayneKimble No, perhaps I misspoke. At 12:30 you mentioned meds, O2, Botox, etc. and I thought you were going to say if they affected the rating/Symptomology. You didn't, so I asked for clarification. Let me try my question this way: One is diagnosed with migraines/headaches and absolutely meets the 50% criteria. However, his doctor then prescribes meds that control his headaches to a degree that he no longer meets the 50% criteria when medicated. How is one rated in this case? (medicated or unmedicated symptoms?) Thank you
10:07 thank you very much for sharing your personal experience. I’m in this exact circumstance. Currently rated 30% and gathering information to successfully submit claim for increase to 50%. Will you please elaborate a little about what you said regarding denying attending the C&P Exam they scheduled you for, due to your DBQ being sufficient medical evidence? Much of the reason I’ve not filed for the increases (others as well, just limiting to this particular example) has been distress over my previous C&P Exam experiences. Thank you again!!
Your welcome and thank you for the support to the channel. I have a video on it, look for denying, C & P exam etc. and the video should come up. Go from 0% to HERO and win the VA compensation you deserve, with my monthly veteran membership: 💪 Sign up now and take the first step towards a smoother VA journey - va.kmd89.com/membership You can now get your signed copy of my new book "VA CLAIMS SUCCESS - Your Guide To Maximizing Your VA Compensation Benefits": store.kmd89.com/
Great video. I get migraines about 4-7 times a month and finally started going to navy medical about them. I’m going to be filling an early claim (180-90 days prior to separating) here soon and curious to see what happens.
Thank you for your service and good luck with you claim.
Any update with this? I’m nearing that window and will be making the same claim
@@temirraellis4304 I actually ended up getting 0% for them because the C&P exam recorded a low frequency of them instead of up to twice a week like my medical record even says…. I did actually get 90% total for my other claims and I am going to see what I can do to get my migraines rated. Big tip at the exam is make sure you’re vocal about what hurts and how often.
@@salvatoreharvey3520 You told the C&P examiner twice a week, but they recorded low frequency? Where are you with that migraine claim today?
@@1stnamebr406 I submitted a higher level review, but that didnt do anything and it still said low frequency. Just submitted for an increase that it got worst instead to see if they relook at my records and the new records I have over the past year.
Hi sir! I am really need help with my documents I keep trying to get vso to help me out but I have no idea how and at this moment I live in Tokyo and thanks and I’m very grateful if you could tell me what or where to go
Hello, I conduct monthly educational training throughout the month that may benefit you. They are listed on my website.
How do we counter when they say there's no econ inactivity even though we bring fmla paperwork?
Good evening Dewayne When you decided you’re not going to the VA appt did you call the 800 number & let them know you weren’t coming or you just didn’t show up?
I called them and ask them to note on a VA form 21-0820 and put in my file so the RVSR could see why.
What about turning in documentation of the migraines? I turned in a 9 month report, tracking my migraines that tracked intensity, my anxiety, not being able to do appointments for my daughter, sleeping in dark spaces and taking me away from my kid/family. I don’t work ( I’m on SSDI for PTSD and anxiety that VA has denied me for). Those reports have notes for me to type in.
In the M21, it states that you can and gives examples of that evidence. I have a video on my channel as to how to search the M21, you can do a search for it. You can now get your signed copy of my new book "VA CLAIMS SUCCESS - Your Guide To Maximizing Your VA Compensation Benefits": store.kmd89.com/
Hi Dewayne, I literally check off all the boxes for 50% and the C&P did not check the inadaptability box on the DBQ, the one thing i needed for 50%, everything else was fine. I still haven't got my rating but manage to get the C&P
If you have the wording on the claim form, the RVSR can use it to grant the 50 percent but they probably will not. Good luck with you claim.
@@DewayneKimble They decided to rexamine me for a second c&p.
@@alfredtineo3023what’s the outcome?
@@seralaltidor370had to file for an increase again and got the 50% this time. Same thing as the first time.
Hello Sir. Could you point us in the direction of the articles connecting migraines to tinnitus? I only find articles talking of those w tinnitus having a high chance of migraines.
You would have to Google it, I'm not a medical provider and don't have access to medical articles that private providers pay for.
I have Google it but come up w corolation but not causation. You said you looked for it and found causation. But where did you see it?
@DewayneKimble - Thank you for your video , Sir! I found your channel while searching for reliable information, and am grateful for the content you've presented. Currently, I'm at 60% overall disability. I was given a C&P re-evaluation in April for migraines (currently at 30%) and back pain (currently at 10%) requesting an increase for both claims. When the examiner asked a series of questions pertaining to my migraines, she either erroneously or negligently entered the WRONG answer in my response to the following question which in my opinion negatively affected my overall rating and now the VA is proposing to reduce my migraine claim compensation to ZERO percent due to "A diagnosed disability with NO compensable symptoms".
The question the examiner entered incorrectly was:
"DOES THE VETERAN HAVE CHARACTERISTIC PROSTRATING ATTACKS OF MIGRAINE / NON-MIGRAINE HEADACHE PAIN?"
My answer...YES
The examiner's notation...NO
SMH!
However, when the examiner asked the following question, she entered my answer correctly.
"DOES THE VETERAN'S HEADACHE CONDITION IMPACT HIS OR HER ABILITY TO WORK?"
My answer...YES
The examiner's notation...YES
Thank God I decided to record the ENTIRE examination meeting when she conducted the exam because if not, it would be my word against the examiner's word, which I'm sure the VA would rule in the examiner's favor instead of mine, but when I present my audio receipts, the VA will hear me CLEARLY state that my migraines have become VERY INTENSE and VERY SEVERE that I have to lay down and rest for several hours to at least a day, and have to miss work and not able to perform regular and routine activities due to my migraines.
Now I have to submit a 21-4138 form requesting an in person hearing to contest the VA's proposing decision to reduce my migraine compensation benefits from 30 percent to zero percent instead of increasing it to 50 percent. Although the examiner's egregious error is causing me further stress, anxiety, frustration, and mental and financial anguish to my wife and family, I can't allow someone else's error to cause me to give up. At least not now!
Thank you again, Dewayne for your videos and words of expertise, advice and wisdom. Now I can better arm myself with information to equip myself and others.
Your welcome and thanks for sharing. if you added symptoms in your wording, that's an argument on your HLR. Don't forget about my FREE upcoming event: www.eventbrite.com/e/646378173517
Mr. Kimble in your video you didn't explain if migraines can be a direct service connection or secondary to another service connected diagnosis. I"ve experienced migraines for years but nothing in STR.
You will have to my video on the 5 ways of service connection.
Can you give me clarification on the HLR when it states “ A difference of opinion has been asserted during the Higher Level Review”
Great information I have a question. What are the chances of being service connected for sleep apnea if diagnosed 2 months after discharge with no nexus letter? But had sleep apnea symptoms with a negative test on active duty?
That's a tricky one but you had a complaint in service. You can try and see where it goes 50/50 chance.
I had a favorable c&p exam for migraines sept 24,whats the average wait time for backpay?
There is no average wait time, it depends on the location that will rate the claim and their priority.
I had a zoom meeting for my C&P exam for TBI and Migraines. TBI was rated as service connected, and 0%. I was sent to another C&P for headaches (Migraines) as a secondary to TBI at an outsourced contracted facility. I have not been able to hold a job since 2018, and I have migraines weekly, at all times of the day. This was all stated to the examiner. I was rated at 30%, which I do not understand due to the frequency of the impairments.
What boxes or statements are noted on the exam and how was the migraine condition worded. Did it include the 50 percent criteria.
@@DewayneKimble I have no idea, I was not given a copy, however via a FOIA request from last year is just now being fulfilled, it should be on the CD when they send it to me.
@@DewayneKimble By the way , 11H20V, and I would say that while the Cold war had no open conflict, it was by no means peaceful.
@@sandynewman5533 Whatever happen to your FOIA request? Did you see how your information was worded and did you go back for the increase?
@@1stnamebr406 I have not done another FOIA since the first was requested and finally sent to me over a year ago. May try for another, but it took over a year to get the first one.
2024....Thank You for All you have done for Us.
Your welcome and it's my mission. Go from 0% to HERO and win the VA compensation you deserve, with my monthly veteran membership: 💪 Sign up now and take the first step towards a smoother VA journey - va.kmd89.com/home-page-9675 Use code: VET50 to get 50% off each month (discount expires May 1st). We have a 12 hour live stream marathon. Are you ready to be part of this epic journey? Be our guest on our CZcams 12 hour live stream, submit your questions, and let's see if we can hit that 1000 mark together! 🎯✨ forms.gle/rfvMGQgaCnnmJF9g7 Each quest will have 15 minutes.
@DewayneKimble I will be ordering your book at the end of April. I need to get "another voice" on if I am trying my claim correctly. Currently working on an "Service Aggravation" claim for Ankylosing Spondylitis. Hereditary auto immune disease, joint stiffening during service but not diagnosed. Physical fitness tests show my consistent lower scores, run times, etc. What fun we are having with this. LOL.
Thanks Again.
I just had a 3rd party c&p exam for migraines secondary to tinnitus. My claim has been approved according to my VSO who looked at it in his office. I had completed a DBQ I downloaded and brought it so I could follow along and make sure all questions were asked and boxes checked and so I wouldn’t forget to give all of my symptoms. I met all the criteria you mentioned in this video for 50% but the rater hasn’t assigned a a percentage yet. The exam was yesterday 1-6.
Will I have to be reevaluated periodically since I have a very long history of Migraines with several different medications prescribed over the years? I’m 67 years old.
Thanks for all you do
That will be up to the RVSR if they assign an RFE, I have a video on my channel explaining what an RFE is.
I'm 65 and getting ready to submit a fully developed claim for migraines for 50% rating I meet every thing but the missing work and financial part of it because I'm retired.
Did they hold that against you because of your age.
And I'm going to a neurologist to get some help with the migraines.
Any advice would be appreciated thanks
Mr. Kimble, how much, and what kind, of evidence is needed to win an appeal? I meet all the criteria you just outlined but my initial migranes claim was denied. Since the time of denial I have been diagnosed by both the VA and an outside Dr. and been prescribed several medications. I've written a statement and kept a log but is that enough?
It depends on several things. I did a video on the 5 ways of service connection. That's a good place to start. www.kmd89.com/calendar
Hi, I have 20% disability for lumbar strain, can I get migraine as secondary due to my chronic pain of my lower back causing my migraines
There 5 ways of service connection and secondary is one of them.
Hey I had a MRI for my tendinitis and it shows that I have a history of migraines along with high blood pressure evidence as well. Would that be considered evidence for claiming migraines?
Where does it fall under the five ways of service connection, and does it meet the criteria for the way of service connection you want to claim it under.
Hey Dewayne , I have 0% rating for hearing loss can I get secondary for sleep apnea CPAP ?
I'm not a medical provider and can't say that it is something that is related. Have you tried to research any medical literature on the topic.
I was rated at 0% I went for an Increase but not before I had a schedule MRI, and increased medication like sumatapin(my have misspelled it) and another med I cant remember how to spell n yet my increase was only up’d to 10% im now looking to file a Higher level review with VA is that the right path or no?
It depends on what's in your claim folder.
I have been rated 100% P&T for Bi-Polar Disorder,10% for tinnitus and 20% for Liver carcinoma and 0% for migraines.
Would it hurt me too ask for an increase from 0% migraines to 30% for migraines?
How would it hurt you.
Awesome
Thanks
Great videos! I was awarded 50% for migraines any advice trying to get TDIU?
I don't advice or represent veterans. In the 38CFR and M21 manual, it list the criteria for IU.
I'm curious how often do you get migraines?
@@EV-tu5rp I wake up with one almost everyday, those fade usually in a hour. and I have 2-3 a week that are much worse
@@donwells8465 Man that's terrible, I get a bad one about 2 times a week and still got denied with a journal included. I checked the notes on my C&P exam and It seems the rater put down I only get them once a month which is interesting. Getting a lawyer this time but thank you for the information. Hope you enjoy the new years.
@@EV-tu5rp I feel like they need recorders in the rooms now because that’s not right at all. Why not put down what the veteran is saying? Smh
have you heard of a musculoskeletal exam for migraines?
Never heard of that. You can now get your signed copy of my new book "VA CLAIMS SUCCESS - Your Guide To Maximizing Your VA Compensation Benefits": store.kmd89.com/
If you have the option of filing migraines as either a secondary claim to tinnitus or a presumptive claim (qualified under PACT presumptive) is there any advantage to doing one over the other? I am trying to get educated on this and am simply looking for the path of least resistance with the rater and C and P examiner.
You can do it both ways. The examiner should provide an opinion both ways. You can now get your signed copy of my new book "VA CLAIMS SUCCESS - Your Guide To Maximizing Your VA Compensation Benefits": store.kmd89.com/
Hi Dwayne I have headaches a lot of the times they are several times a day every day I was in the marine corps and we used to fire 106 recoiled rifle it was like a canon I didn’t report any headaches at the time but I have them now they can be frequent I never thought to claim service connected disability. Do I have any grounds for disability claim?
Please visit our website www.kmd89.com and see our service for a private question and answer session on the VA claims process and don't forget to sign up for our next live webinar where I explain all of our services.
Please explain how a DBQ expires? Would it b e a matter of record for that exam?
The old DBQs had an expiration date but the new ones do not. The VA will update from time to time.
1. If I am approved for TDIU, and let's say later I lose it due to Office of Managment recommendation and congress approval. Do I revert back to my VA rating after age 67?
2. Planning on applying for TDIU if I am called upon for a C&P exam, is that a medical exam or questions and answers? Can I refuse and have them use my current records?
That's a scenario with many different answers depending on many factors. You can now get your signed copy of my new book "VA CLAIMS SUCCESS - Your Guide To Maximizing Your VA Compensation Benefits": store.kmd89.com/
Since the new DBQ has dedicated block for "Prostrating" and "Very Prostrating" to check which one you fall under. Is the pharagraph entry goes for personal letter or the doctors opinion/rationale? Thank you
Paragraph entry, I don't understand your question. www.kmd89.com/services (Q & A). You can now get your signed copy of my new book "VA CLAIMS SUCCESS - Your Guide To Maximizing Your VA Compensation Benefits": store.kmd89.com/
@@DewayneKimble i mean, do you have to write personal supporting statement and include that entry, or is the rationale should have that entry? Or is it really needed even if these are now included in the new DBQ, all you have to do is check one that applies to your condition. Thanks
Great
Thanks
Does pertain to secondary as well? Im going to attempt to file migraines as a secondary to my sleep apnea.
Let us know how it turns out.
how likely is it to get a favorable c&p exam and still get denied, does that ever happen?
Thanks for the question. Does the condition fall under the five ways of service connection (I did a video on that)? If you had a C & P exam, do you have a copy of it. The 5 ways of service connection is the staring point.
czcams.com/video/bofikWEOz0M/video.html
What if I’m still active duty? Will a buddy letter from my platoon sergeant (along with a log) detailing my work absences and work deficiencies be solid medical evidence for rating purposes for the 50% criteria ?
It will be evidence but look at my video I did on personal statements. Go from 0% to HERO and win the VA compensation you deserve, with my monthly veteran membership: 💪 Sign up now and take the first step towards a smoother VA journey - va.kmd89.com/membership You can now get your signed copy of my new book "VA CLAIMS SUCCESS - Your Guide To Maximizing Your VA Compensation Benefits": store.kmd89.com/
when you say you didn't go to the cnp exam how exactly did you go about that?
I explain this in detail in the video. You have to watch the entire video.
Does 14 day of paid sick leave for completely prostrating migraines count as severe economic inadaption for migraines rating?
The definition is in the video of sever economic .
I have been seen 20-30 times throughout my career for migraines, to include hospitalization and ambulatory trips to medical where I was admitted and given medication to put me to sleep for an hour or more.
However, the last few years I haven't missed much work via medical because I have had a very "we are all adults" work center. If you don't feel well, go home.
Is not having documented work absences as of late going to negatively affect my claim?
The VA doesn't note how many days off are required. My new book is now on Amazon: www.amazon.com/gp/product/1959508083/ref=ox_sc_act_title_1?smid=ATVPDKIKX0DER&psc=1
I'd be pk with just 10% bcuz I'm at 94% but the VA keeps shooting down all my claims. I have a Dx for migraines at my VA clinic. I have Rx for meds. I have service medical records with "headaches" documented. What so I do?!
Just because you have a DX at VHA does not mean automatic service connection with VBA. Also, check our Q & A sessions www.kmd89.com/services
Looking for some general info. When you claim migraines and you go yo the C&P exam. Do they run any sort of tests to see if you actually qualify for which ever percentage or do they just take you at your word?
There are hundreds of examiners, I can't say what each one would do but do you know the criteria for the 0, 10, 30 and 50 percent. You can now get your signed copy of my new book "VA CLAIMS SUCCESS - Your Guide To Maximizing Your VA Compensation Benefits": store.kmd89.com/
@@DewayneKimble iv been watching your video and have been taking notes accordingly.. I will definitely use your tips when its time.
Wait but if you haven’t been rated yet can you decline the C&P for DBQ if your submit your own from your doctor?
The question veterans fail to ask. Why do the VA have DBQs made public for veterans to take to their private doctors and some VA employees still try to schedule an exam with a VA doctor. I never tell veterans not to go but I refused due to my DBQ being actionable for rating my claim.
Sir why are some people in avoidance of utilizing prostrating on their personal statement ? Those people make it sound like only a doctor can use it. Is this valid? Please comment .
Maybe not being educated on the diagnostic code criteria.
Dewayne, is it true the VHA cannot help with a DBQ/Nexus because it would go against the VBA? I have been told that and my VHA doc is hesitant about doing certain items for me.
Also, do you have a video covering TBI’s and does the raters (if you are rated higher than 0% on a TBI increase) throw the TBI in with PTSD? I was told that to but wanted to ask a rater vs what I was told by a call center agent.
I've heard that doctors at the VAMC have been told by management not to complete any DBQ, but I've seen some that have completed them.
No videos on TBI's as of this date. There are thousands of raters and they may look at things different. In the M21 and 38CFR it explains the TBI and Mental condition relationship.
@@DewayneKimble I printed the CFR and M21 to make notes. I did like you suggested and requested my complete C-file.
@@DewayneKimble do raters look at Sensitive 7’s information more closely than those that aren’t? I’ve always wondered that.
Hello, I will be separating from the army in a month and I wanted to put in a claim for migraines. I never got treatment because I thought it was just a bad headache, until my mom had migraines and it was debilitating for her and I realized I had migraines. So I started logging when they happened.
I’m pretty sure I fit the criteria for 50% except severe economic adaptability because I don’t know how to prove it. I will be going back to school and not working, but if I was working and had a migraine attack it would still render me useless. How would I go about proving this?
Why didn't you contact KMD89 VA Claims Consulting and do a BDD claim. First you have to get educated. Don't forget about our upcoming virtual event: www.eventbrite.com/e/646378173517 There are other things you can claim the day after discharge.
Should you go to your C&P exam if migraine is secondary to another condition?
I discuss in the video what I did and why I didn't go. Each veteran will have to decide that on their own.
Thank you, I realized you stated your DBQ was still valid but in my case it's secondary conditions that weren't previously rated. This is all new to me but Thank you again
Can I receive secondary 50% for migraine to my service connect tinnitus, if I’m retired? When I did work I lost a lot of work time $$$
You will have to file it and get a medical opinion. You can now get your signed copy of my new book "VA CLAIMS SUCCESS - Your Guide To Maximizing Your VA Compensation Benefits": store.kmd89.com/
Im going in for a TBI C and P exam and I suffer migraines as a result. If the examiner finds that my migraines is due to my TBI, will another c and p exam for migraines be ordered or will they rate during that TBI exam, 10,30,50.
I've seen some examiners do the migraine DBQ on that exam but every examiner is different.
@@DewayneKimble Dewayne I finished my TBI exam and the examiner did do a positive opinion and dbq for migraines. The VA is now saying in order for me to get that compensation (migraines) I have to file for migraines based off the exam. This sounds backwards. I have not been official awarded but learned of this at a veterans benefit live event. What steps are normal followed?
If a person is already diagnosed with PTSD by va, then months later have c and p exam for migraines. Should the fact that ptsd is already diagnosed, should that be mentioned? Is migraines secondary to ptsd?
The examiner may ask if you are claiming it secondary.
@@DewayneKimble this is a very good question…since sometimes it’s secondary to something SC …what if they don’t ask you if you filed secondary to a SC illness??should that be made clear by the veteran sir??thanks
I submitted for migraines initially and it was denied without a c&p but I did get % for tinnitus and ptsd. Using the terminology stated, can I elaborate in my own words on how it affects me as proof when I submit the appeal?
Please visit our website www.kmd89.com and see our service for a private question and answer session on the VA claims process and don't forget to sign up for our next live webinar where I explain all of our services.
If a claim for "headaches" related to Pact Act , does the VA consider "headaches" different than "migraines"? In the 38 CFR 4.124 (a) DC8100, it states "headaches" can only be 10%, versus "migraines" at multiple percentages. Looking at M21-1 V.iii.12.A.1.d , it states "migraine headaches". Then in M21-1 V.iii.12.A.3.a uses both terms, but specifically "headaches" when referring to "headache symptoms". My claim, Nexus, DBQ, exacerbation docs only state "chronic headaches" but non mention "migraine", even though based on the VA's criteria, I actually have "migraines". Seems like semantics...... Wont use a VSO again, and I'm running out of time to file for Pact Act, back pay (Aug 10, 2023 is deadline for intent to file).
They are the same under DC 8100 You can now get your signed copy of my new book "VA CLAIMS SUCCESS - Your Guide To Maximizing Your VA Compensation Benefits": store.kmd89.com/ Find which educational service we can provide you www.kmd89.com/services
Dewayne, I have to say that your videos are truly amazing and very helpful to a lot of veterans. Thank you. I am a retired disabled veteran rated at 90% combined with 70% PTSD/TBI and 50% sleep apnea. All of my conditions are service connected and on my C file it shows that all conditions are static with no future exams. I just put in an increase for my headaches which was rated at 0% service connected and secondary to my PTSD. I am pretty sure that I will have a C & P exam for the headaches, but my question to you is would it good for me to do a personal statement? In my medical records it shows that I am taking medications for migraines and they actually just increased my medications. I really appreciate your help in advance.
Thanks for the question. In the video, I show the requirements for a 30 and 50 percent criteria and it does not show medication. Do you meet the 30 or 50 percent criteria for DC 8100 for migraines? That's where you will have to start.
@@DewayneKimble Yes sir, I do meet the criteria for either one. I have messages on secure messaging letting the doctor know my symptoms and he called my cell phone right away and said they were going to increase my medication and I should be receiving it soon.
That information needs to be on the DBQ that the examiner completes at the C & P exam. The RVSR does not have access to your emails with your doctor. The doctor can put that information in your progress notes, which the RVSR has access to. Good luck and stay on top of this.
@@DewayneKimble Yes sir. Should I print out the secure messages for the exam so it can be annotated in the DBQ?
@@jamesgreen4079 I made sure I made it a point to have my doctor put that information in my DBQ.
Even though I have a journal for writing my headaches.. my c&p exam says no prostrating symptoms found. The doc write short words without our symptoms smh
I had an examiner that wrote down something opposite of what I informed him of.
I qualified for 50% due to my symptoms but they only have me 30. 7 prostrating migraines a month should have got me 50. I'll still keep fighting though.
Stay in the fight. You can now get your signed copy of my new book "VA CLAIMS SUCCESS - Your Guide To Maximizing Your VA Compensation Benefits": store.kmd89.com/
I’m at 30% for migraines. I’m getting them more frequently 2-3 a week and they are prostrating. I’ve been seeing a Neurologist for them and my VA doctor has noted them in my records. My question please - do I need a DBQ for my intent to file claim and/or what documents should I submit for an increase?
Thank you
It's time to sign up for a Q & A and we can explain the DC criteria for the 50 percent as explained in the video, plus the forms the VA requires. You VSO should have broken this down, if they know. Go from 0% to HERO and win the VA compensation you deserve, with my monthly veteran membership: 💪 Sign up now and take the first step towards a smoother VA journey - va.kmd89.com/membership Do you want to be educated on the VA claims process, connect with us at www.kmd89.com "Don't Be Frustrated, Get Educated"
@@DewayneKimble thanks a million🙏
So if I’m understanding you correctly you can refuse an exam from the VA?
I did and I explained why I did.
Where did you find a doctor to follow out your DBQ? Any recommendations of doctors in FL?
Hello I was awarded 50 just for my migraines 5 years ago and haven't heard from the VA since. I heard that if you hold a rating for 5 years or more they leave your rating alone but since that my other awarded claims have changed and a few secondary high ratings have come about. If I reopen my claim can't I lose what I currently have or adding these new things can just increase it? I need help if you don't mind. Thanks
The person you heard it from, did they provide a regulation. Did those people rated like I did? I think it's time for you to get educated by KMD89 VA Claims Consulting www.kmd89.com/services check out our Q & A session.
I definitely have very frequent ones. Do they ask for a specific number of Migraines a month?
The VA notes it in the diagnostic code criteria 8100.
@@DewayneKimble Ok, thank you
@@DewayneKimble I literally just found out my C&P is tomorrow. 2 Hours away
Good luck with the exam, get educated.@@theadventuresofjohnandjenn323
I have been retired going on 5 years now and still not PandT. Any ideas why?
Have you picked up my new book. You can now get your signed copy of my new book "VA CLAIMS SUCCESS - Your Guide To Maximizing Your VA Compensation Benefits": store.kmd89.com/
Dewayne….are you saying that I can have a private DBQ completed and decline to be seen for the VA C&P exam?
I am currently rated at 30% for migraines. I met all the criteria for the 50% rating, yet the VA has maintained that I do not.
I’ve given them a log of migraines going back six months and described how at their worst I’m unable to do anything other than lie down and rest.
I currently have a freedom of information act request to get a copy of the C&P results, but I did not know I could get a private DBQ and exam in lieu of a C&P.
What I'm saying is, know what the requirements are for when veterans submit DBQs and nexus statements from their private physicians. Also, know what the VA employees should be and not doing when you do this.
@@DewayneKimble Damn….I didn’t know there was requirements. I’ve submitted private DBQs and Nexus letters on nearly all my claims.
I didn’t realize there was a set of special requirements I needed to follow that could potentially exempt me from needing a C&P exam.
Where do I find the requirements for private DBQs?
@@valoanswithed6009 We do private one on ones or you can watch some of our videos covering these topic.
I have that what the 50% is and still only get 10% it's frustrating because the military screwed me by pulling me back in
I don't know why that happened. Maybe a debt or severance pay comes to mine in those cases.