Migraines = 100% VA Disability Here Is How
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- Опубликовано: 31 мар 2024
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Dr. Prashant Sharma - Psychiatrist
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Migraines 0-50% Evidence: ruclips.net/video/Vd9uqszmS1Q/видео.htmlsi=0Cqcmcp49s7DLGYD
M21-1 for Migraines: www.knowva.ebenefits.va.gov/system/templates/selfservice/va_ssnew/help/customer/locale/en-US/portal/554400000001018/content/554400000180519/M21-1-Part-V-Subpart-iii-Chapter-12-Section-A-Neurological-Conditions-and-Convulsive-Disorders#3
- Clay
Do you have any advice for submitting a claim for Menires disease instead of migraines?
Hello, the link doesn’t work and I’ve searched for the info myself and can’t locate it. Any help would be appreciated.
I just had a C&P exam for migraines today. She told me 85% of the vets she sees don't really have migraines based on what they tell her. She told me that she knew for sure I have them based on the information I brought to the exam, my statements to her, and the medical evidence in my claim. I was prepared and honest. I think I the exam went well. I could tell the examiner was professional, showed empathy, and did not try to rush through the exam.
Thanks for all the information and tips you post brother.
I told my C& P EXAMINER that after the migraines I'm completely exhausted for hours
Awesome video brother. Keep up the good fight
Man, you have the best info on RUclips by far about this process! I learn new things about the claim process daily from you. Keep up the hard work!!
Thank you for this info, my VSO just submitted my packet. This way I can talk with my VA doc for some appointments for this.
Thank you my Veteran Brother 🇺🇸 For Covering This Topic 👍🏻
Great info! I am 50% for migraines. I had to do an HLR with an informal consult because I was originally rated at 30% but my medical evidence showed that I met they standards for 50%. The examiner that I spoke with also said there was a duty to assist error for not considering me for TDIU. That is now in process. Thanks for all that you do.
Also, on my migraine C&P, I used the term "prostating" because my doctor used it with me. The examiner got tense when I used the word. She said that the only people that would use it are people that have been coached to use it. I explained that it was a term that my PC doctor used and I looked it up and began using it in my vocabulary.She was still suspicious but left it t that. So, you are correct in telling people not to use prostating or completely prostating when discussing migraines with your doctor or C&P examiner. Simply describe how you have to respond to them instead. I explained that I have to go into a dark and very quite room and lie down and any movement, light, or sound just make it worse. I explained that I am basically immobilized at that point. Other people should share exactly how they have to respond... don't make things up... just tell the truth.
Fantastic info bro!!!!
Great detailed vid
Awesome stuff. Thank you for bringing this info to light. I am rated for service connected migraines with 0%. I am in the process of gathering evidence to request a rating change and this helps immensely. Thank you
How do I begin the process for getting an increase? I'm also at 0%.
@@TheGreatLevohI started a migraine log. Use the words to describe what you feel with the migraines. I am going to request my VA provider add the logs to my medical records.Keeping the VA provider in the loop too on how I feel. Also going to print out all the meds they give me for the migraines.Going to print out the times I had to miss work as well because of them. Mine are and have been pretty severe. About two to three a week at least. Nausea, light/noise sensitive, exhaustion, lack of ability to do anything I need to do. I see spots at times. Can hardly function. I am hoping the documentation will get it through for me. Your local VA rep will schedule a CMP exam as well when you request it.
@benfoot4212 Awesome, thanks for the reply. I'm getting seen by the doctor soon and this will help a lot!
Thank you for another outstanding video. Would love to see you add a one time yearly subscription option to each of your patreon levels. Donating once a year makes me happy!
Thank you for this info, my provider was leading me down a wrong path, my migraines are all ready service connect but I had no journal to provide, once again thank you for the correction on how to, Army vet with a bad attitude and a migraine 😊 😅😅👍
Working on a supplemental on migraines this is best help on web!
You said it all , exactly my path to 50% thank you for confirming this.😊
Check the 0-50% migraine link in the pinned comment. It goes over the evidence aspect a bit more.
- Clay
When they asked you to describe and point out where your migraines are located, what did you say?
@@true_identity when I received 30% I said it starts all over my head
Thesaurus defines prostation as - complete depletion of energy or strength. Synonyms include: collapse, tired, disablement, burnout etc
Hey there Clay, thank you for the great info as always! But how does one prove occupational impairment if they are self employed?
I understood from your channel (or maybe CC) that headaches of different types are rated the same as migraines. I get cervicogenic headaches which are different than migraines and are basically headaches caused by neck problems but I'm not finding the section of 38 CFR that discusses ratings for these. Any thoughts on how they're rated?
Hey man thanks for the video. That M21 pac 1 manual, is there similar M21 for PTSD?
Great info. But I do have a question about migraines. I’ve been complaining about headaches and most recently migraines since 2019. Had an MRI done in 2019 and scheduled for another this month. How do you link service connection?
Would this work for getting an increase on tension headaches? Already service connected for tension headaches. I was aware that they are on the same eating schedule, but still confused as they are called different things.
Thanks for this, I am a very bad and frequent migraine sufferer. I don't know how the VA rated me as only 30% when I retired when I was a textbook 50%er. This info will help me when I file a new claim.
same with me, i am rated at 30%, according to them they say i only get them once a month, i requested an increase, i saw the doctor write down on the computer as having 3-4 episodes a month, and it still came back as 30%. I've been waiting for an appeal for almost 4 years now, had the hearing with the judge about a year ago.
@@LuisRodriguez-vk2ym I’ve had migraines for 30 years, and the least amount I’ve ever had is two in a month and the most or 22 in a month. Mine are completely incapacitating and last anywhere between two hours to 48 hours. These have been well documented throughout my 20+ year career so it amazes me how they couldn’t come up with the 50% rating but I’m gonna make sure it happens this time around. Don’t give up. Keep on fighting!
I got denied for service connection for migraines secondary to tinnitus. I had a nexus, diagnosed from my PCP, personal statement and a buddy letter. They requested two different C&P exams during the process and neither of the contractors ever called me. They just uploaded DBQ’s without ever talking to the vet. Help me please.
What I need to increase my migraine headaches from 30 to 50. DBQ? I talkedcto one Veteran organization or place he said I need DBQ and cost 300 dollars you think this is right? Thanks
Is it too late to submit a personal statement if I have already done my c and p exam?
At 6:00, with the note indicating "Medical reports may not use the word prostration," I interpret that differently. It seems like the CFR is saying that even if the medical report doesn't specifically say "prostration," as long as the report spells out the elements of prostration, it meets the spirit of prostration during adjudication. "May not" could mean "even if"...but I could be wrong lol.
I was already service connected at 0% for migraines. I submitted an increase with VA neurologist notes, migraine buddy logs for 6 months showing 2 or 3 severe attacks a month, a personal statement and a copy of me being written up at work for call outs. The VA continued me at 0%. I have a HLR in right now. If needed I'll go back to to the neuro and get additional evidence and submit a supplemental claim.
That doesn’t sound right. Something isn’t being communicated somehow.
I already submitted my personal statement that used prostrating along with the IMO . Have my c&p exam later this morning
How did it go
@@TutStore he was not concerned about the secondary . He just did the DBQ . But he did say he’s now in favor of migranes being secondary to tinnitus after reading literature for the past couple of years . In the end he says it’s up to the VA . He can give a favorable but sometimes the VA still denies the claim and vice versa
Yeah it’s a bit weird because the proposed changes indicate tinnitus doesn’t cause anything. Aggravation is a solid argument. Those proposed changes are based on the medical consensus of tinnitus. Meaning, there are studies for and against.
Migraine secondary to tinnitus isn’t as easy as everyone says it is and the key variable to this is your evidence that we can’t see.
- Clay
Wow, I'm actually working on my migraine packet as this video came out!!!! I see I need more details and data. Thanks
Follow the guidelines and have the Big 3.
- Clay
@@TheCivDiv I'm service connected at 0%. Th VA just change my meds last week to something stronger, and now I'm scheduled to see a VA neurologist.
@@FoxtrotUSA1did you do a BDD claim? How did it go
@@frankieredd156 No I did not. I just started my VA journey 2020. VA SCed my migraines to my tinnitus, which was also granted after my service.
I have been fighting since 2021 for 50 percent...I haven't worked since Jun 2022...I recently started receiving botox shots but some have 50 percent with way less.
Hey Clay,
Around timestamp 10:48, you stated that you'd link a video about evidence to use to go from 0 to 50%. I've looked for the link, but I can't find it . Please advise. Thanks for all that you do!
Here: ruclips.net/video/Vd9uqszmS1Q/видео.htmlsi=X5TPtNIp0EVsqFRz
- Clay
@@TheCivDiv Thank you😊!
Who is the one who decides secondary injuries
Hey, sir, can i claim migraines secondary to fuel exposure because I filed SC years ago, and it got denied but not
I cover this with MUCMIs that’ll be posted this week. BOLO. Answer me is…maybe.
- Clay
I wonder how this relates to migraines that are more neurological rather than strictly headache related.
I recently went to the ER and was admitted into the hospital for what I thought was a stroke (complete left sided numbness in face, neck, hands, feet). After CT & MRI, the Neurologist determined it was actually a migraine…
I get migraine headaches due to my sevre tinnitus at least a couple times a week. Definitely have to lay down and rest in a dark room Definitely renders me completely wore out for hours afterwards
Ok I’ve been on and off work for the past 4 years I’ve got MRIsmy neurologist and primary gave me ADA
How do i prove i have “severe economic inadaptabilty” due to migraines if i am still currently serving. Should i provide a “quarters slip” or “sick call note”
I would focus on the frequency and severity fire and foremost. If you’re able to add PTO use and/or get a statement 10210 from your supervisor, that would be icing on the cake. For evidence, follow this: ruclips.net/video/Vd9uqszmS1Q/видео.htmlsi=EU9c0wskwnbRXI_r
- Clay
Thanks i just go 50 percent secondary to tinnitus and major dp
I got denied this. In the denial letter they said the 2 conditions are not related
@@danielpettit4100 Same here my denial stated the were no medical evidence relating tinnitus and migraine headaches. I had a ACE exam and never talked to a person i just received a denial letter.
@@danielpettit4100use case law that are favorable and do a supplement
Can you file tinnitus secondary to migraines?
Hey man, I answered this comment on Veterans Daily. The answer is yes but…you will need evidence. There isn’t a causative link between the 2 (hence the changes to tinnitus). Yes, there are studies that show the link. Yes there are studies that show the opposite. Question is…what does YOUR evidence suggest?
- Clay
Hey sir, can i claim migraines secondary to fuel exposure because I filed SC years ago, and it got denied but not secondary to fuel exposure
Got a question. I was denied for migraines and awaiting a HLR. My doctor in his progress notes put " the headaches are completely prostrating and frequent " is that something that is going to hurt my chances of getting approved. How is a doctor supposed to know not to use that. Ths doctor had no idea I was applying for VA disabilty. So what happens if a doctor uses that word.
The doctor can use the medical terminology. It’s you who probably shouldn’t because it’s suspicious.
So I am at 0% service connected for migraine. NOW that my package is built and sent off which I have everything on there, including all the verbiage logs, my statement, my supervisor statement, my primary information
I was told by my VSO today now that my whole package has been submitted for claim to get bumped that even if I got 50-100% rating for migrain I still may not get a increase for it. Like wtf…..
Neurologists treating patients with Migraines use prostration with the clinical evaluation to gauge the level of care and subsequent treatment of their patient and it is not uncommon to use this term in other medical conditions
The M21-1 is for adjudicators and they’ll make requests to the C&P examiner using this doctrine. Your healthcare is your healthcare which is completely outside of the M21-1 for VA claims.
- Clay
My claim was filed before September and my nexus includes the word "prostrating" about 4 times but i don't use it at all in my personal statement.. I wonder how that will turn out
Did your personal statement mention you have to lay down when you get the headaches?
@toxicbigot no, my nexus says I have to lay down or rest until the migraines are over. My personal statement says that my migraines are debilitating and make it nearly impossibly to complete the simplest task.
@@shoutouttomypeoples538 you’re covered then. Hopefully you have a log or something telling the frequency and severity. If so you’re good. If they give you 30%, file supplementary to disagree with the decision and give them the info that expresses duration, frequency and severity of your symptoms. You’re alright. Don’t overthink this. They’re gonna find some way to mess your claim up regardless. One step at a time.
@@toxicbigot I appreciate the feedback!
@@shoutouttomypeoples538 no problem! See? I’m not so toxic after all, am I? 😆
Let me ask you this my supervisor is willing to write me a letter regarding me missing work and also haven’t dim the lights or put my head down in my office when I do have migraine attacks is a letter from my supervisor OK to add to my package?
Yes. Dont overcomplicate the process.
- Clay
@@TheCivDivthank you!! So i got a rating of 0% service connected but they want more info to be compensated for it. So I am working on that now I have my journal and my PM has put all my mentioned notes. This is huge help! And since the military I have been on meds for it and still am today for it.
@@CB-on8bd You will need better evidence outside of lay-statements. Check this: ruclips.net/video/Vd9uqszmS1Q/видео.htmlsi=C3IuQWY-qTj5HQaA
- Clay
@@TheCivDiv thank you!!! So I do have a Log I have statement from my supervisor I just need my PM DR to put better notes on my file he put some not a lot he did already put me on treatment plan BUT I need some of these words ( extremely exhausted all the symptoms) in my notes on his files so I have phone call Apt with him tmrw. And that should be it! 🙏🏽 good thing is I am still with in my 1 year window form my first rating
Part 2 Va continued my migrane 50 % rating April 12th 2024. Should reopen my tdiu , which was denied September 2024
I’ve had migraines since high school told my doc in service how can I say it aggravated due to service ?
What was your job in the military?
BI-LATERAL HEARING LOSS, TINITIS, 60% currently. I AM AWAITING A REPLY FOR PTSD AND MIGRAINES I GET V.A. treatment for both of these conditions and have been diagnosed for PTSD it's been a 2 year battle of appeals and VSO's and treatment and etc..
Not sure if it is good or bad my C&P examiner only asked 4 questions and I left.
Maybe cause I submitted so much medical evidence
When did the headaches start?
Do you need to lie down?
What medicine do you take?
Do you miss work and how often?
Neither…what matters is what’s your evidence you submitted with your claim.
- Clay
@@TheCivDiv my VSO shared the completed DBQ with me. The examiner put "less likely than not" due to no in service event or treatment.
Pretty baffling considering I had 2 in service complaints documented in my STR, submitted with my claim as evidence, and spoke about them to the dude!! Crazy
Maybe the rater will see the examiner oversight.......
@@tread5hundoany update on the decision?
😢i got denied again for migraines raise rated 0% with diagnosed condition woth 100mg sumatriptan and 200mg topiramate, nd doctors note stating my frequency and severity idk what else to do
HLR with an informal conference is the answer.
- Clay
👊
Is it good if the VA diagnosed me with migraines while I have headache claim?
That is 1 of the Big 3 so yes.
- Clay
@@TheCivDiv thanks you making me feel good about my claim!
Going over my denial letter migranes secondary to tinnitus . The examiner reference medical literature that tinnitus doesn’t cause migranes but headache causes hearing loss/tinnitus
At the same time their is medical literature stating the opposite 🤷♂️
Yup, I got denied too for this reason
Yeah so tinnitus does NOT cause migraines. In fact, tinnitus doesn’t cause anything (hence the changes to tinnitus). You can still make the connection but it would be on a correlative basis and aggravation basis. You would need absolutely solid evidence for both.
- Clay
@TheCivDiv I've just got SC for TMJ disorder, this feels more like what's causing my prostrating migraines
@@TheCivDiv when did these changes take place . I know there’s a tinnitus change coming soon . If this claim gets denied I’m done with the VA process
Made the Hundo Club today with SMC as an added bonus.
Word and congrats! Don't forget about healthcare.
- Clay
@@TheCivDiv I was 90% for a long time. Got quite a few thousand pages of medical history with the VA...😂
Like the video yall...stop playing
^
- Clay
You really think the M21 trumps 38CFR ?