C&P Exams: Headaches
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- čas přidán 26. 07. 2024
- Welcome to our informative and comprehensive CZcams video on obtaining service connection for Headaches as a veteran. In this video, we will guide you through the process, regulations, and the essential Disability Benefits Questionnaire (DBQ) you can expect during your Compensation and Pension (C&P) exam.
Headaches DBQ:
www.benefits.va.gov/compensat...
Website: vadisabilitygroup.com/
vadisabilitygroup.com/c-and-p...
Video Content:
0:00 Intro
0:23 Rating
2:40 DBQ Walkthrough
6:11 Outro
These "walk through the DBQ" videos have been great for me! Thank you for helping veterans!
Glad you like them!
I got 50 for headaches after watching this video. At the end of the exam I asked and verified what boxes were checked.
Smart. Great for you. Glad it worked out!
Excellent video.
Have my c&p exam on Tuesday
Good luck!
Thanks for the great quality video.....
You bet!
Thank you for this video sir. New Subscriber too
Glad you liked it and thanks for the sub!
Thank you for the information I have a good chance at getting rated for headaches as I have depression.
Yes, definitely don't shy away from telling the VA your headache might be partially (or completely) attributable to an underlying service connected condition. Good luck and thx for the comment!
@@VADisabilityGroup my doctor labeled my headaches as related to my medication for my back is that a good source of documentation for a headache claim sir? Currently at 70%
Where in the 38 CFR can I find info on vertigo? I have a VA appoint for migraines and vertigo.
Check the following out for info on vertigo:
www.law.cornell.edu/cfr/text/38/4.87
This condition is rated under “peripheral vestibular disorder”, which is diagnostic code 6204.
6204 Peripheral vestibular disorders:
Dizziness and occasional staggering 30
Occasional dizziness 10
Note: Objective findings supporting the diagnosis of vestibular disequilibrium are required before a compensable evaluation can be assigned under this code. Hearing impairment or suppuration shall be separately rated and combined.
If i got meds percribed for heaaches/migraines will i be able to get more than a 10 percent rating?
Maybe. When assigning a disability rating, "the Board may not deny entitlement to a higher rating on the basis of relief provided by medication when those effects are not specifically contemplated by the rating criteria." Jones v. Shinseki, 26 Vet. App. 56, 63 (2012). As the rating criteria under 38 C.F.R. § 4.124a, DC 8100, do not explicitly contemplate the ameliorative effects of medication, the assigned rating for migraine headaches should contemplate the frequency of characteristic prostrating attacks that would occur without medication.
Soooo…that’s a long-winded way of saying the VA must compensate you as if you were not treating the headaches.
In your case, the medicine might demonstrate your migraines are uncontrolled and necessitate medication. It doesn’t mean the medicine will help, but it suggests your headaches are potentially uncontrolled. And if the medicine makes your headaches completely better, the VA must compensate you as if the symptoms were still present (that’s what the case says above).
Do symptom logs. Be treated. Document missed work because of headaches (letter to employers needing day off, etc.). Give a sworn statement about the severity.
Here’s the rating criteria for the respective migraine ratings:
8100 Migraine:
With very frequent completely prostrating and prolonged attacks productive of severe economic inadaptability 50
With characteristic prostrating attacks occurring on an average once a month over last several months 30
With characteristic prostrating attacks averaging one in 2 months over last several months. 10
Hope that helps. All the best!
@@VADisabilityGroupThorough reply. Now I’m wondering about the upcoming change in sleep apnea ratings. How will they justify compensating sleep apnea at 0%, given that a CPAP helps with sleep apnea? It shouldn’t matter that it helps. Correct?
If you are already service connected with sleep apnea or your claim is received before the new law is implemented, the veteran should be protected from the unfavorable change. However, if implemented, the new law is definitely less favorable.
The Department of Veterans Affairs (VA) is proposing updates to the disability rating schedules for respiratory conditions, including sleep apnea. The new system would move away from automatic ratings based on needing a CPAP machine, and instead focus on how well the sleep apnea is controlled with treatment.
Here's a summary of the proposed changes:
* 0% rating: No symptoms with or without treatment.
* 10% rating: Sleep apnea diagnosis with incomplete relief from treatment (determined by a sleep study).
* 50% rating: Sleep apnea with ineffective treatment or inability to use treatment due to other medical conditions, but without organ damage.
The VA is still considering these changes, and a final decision is expected by summer 2024. Veterans who are already rated for sleep apnea under the current system will not be affected by the proposed changes. However, veterans who are considering filing a claim for sleep apnea should be aware of the potential changes.
With severe migraines 10 to 15 permonth ,shouldn't VA automatically give TDIU ?
In theory, yes (assuming the migraines are service connected). The difficulty is proving such. You will want to show emails and communications to an employer referencing time off because of the migraines. You will want to keep migraines symptom logs (see our website if needed). You will want to be actively and perpetually treated for these headaches too. You will want a personal sworn statement from yourself and others about your headaches. After doing all this, you will send them VA this documentation.
It’s critical you give the adjudicator and/or judge a reason to think you have incapacitating migraines every other day as you suggest.
Lastly, the only way you will be considered for TDIU is to actually file an unemployability application (21-8940). It’s also critical you list migraines as one of the reasons you can’t maintain substantially gainful employment on the IU application.
Bottom line, you have to convince the decision maker of the severity of your migraines. You do that by submitting the things referenced above.
All the best!
@@VADisabilityGroup thank you for laying out the blueprint Brother
I get sinus headaches several times per month. Do they qualified as secondary to my sinusitis that was service connected as presumptive?
Yes, technically a veteran can receive separate VA disability compensation evaluations for sinusitis and headaches. However, receiving a separate one for headaches caused by sinusitis might be challenging because of pyramiding constraints. Here's why:
Sinusitis with Headaches: The VA acknowledges that headaches are a common symptom of sinusitis. Their rating criteria for sinusitis (Diagnostic Code 6512) already considers the frequency and severity of headaches associated with the condition.
Pyramiding: The VA avoids "pyramiding" which means getting compensated for the same disability twice under different labels. Since headaches are a recognized symptom of sinusitis, awarding a separate disability for them would fall under this category.
Here's what this means for veterans:
VA Rating for Sinusitis: You can still get a VA disability rating for sinusitis with headaches factored into the severity. The rating is based on how often your sinusitis causes headaches and their impact on your daily life (frequency, intensity, and need for bed rest).
Documentation is Key: Strong medical evidence documenting the severity and frequency of your headaches alongside your sinusitis diagnosis is crucial for getting a fair VA rating.
Here are some helpful resources:
VA Sinusitis Rating: www.benefits.va.gov/WARMS/bookc.asp
Avoiding pyramiding in VA claims: While there isn't an official VA document solely on pyramiding, legal cases like 1621024.txt discuss this concept. You can find it here benefits.va.gov/WARMS/bookc.asp
So to answer your question, yes, you can possibly receive compensation for both sinusitis and headaches. However, it's difficult because of pyramiding limitations.
Hope that helps!
Can I file for migraines again? I got denied once I got out the military because i had no proof. Currently get headaches from PTSD connected. Thank you.
Hello. Thanks for the question. Here's what we recommend for our clients in this situation. We prepare personal statement in writing communicating the Veteran's PTSD and its treatment cause and aggravate migraines. Then submit that statement with a Supplemental claim to reopen the migraines. We claim service connection on an aggravation and secondary basis, and if there were environmental hazardous exposures, we also claim service connection on a direct basis as well.
The statement alone should be sufficient to reopen the claim if submitted with the Supplemental Claim form.
Good luck!