New VA Compensation Claim Problem

[Florida Jig Co.]

I filed for a re-eval for my disability. I am at 30% but believe it should be more due to severe migraine headaches associated with my service connected disability. 2 years ago, I filed a claim, waited for over a year to see the claim Dr and was told that I filed my claim wrong and did not include Migraine headaches. Obviously the claim was denied. I immediately refiled my claim and ensured the paperwork specifically noted migraines caused by service connected disability. Last week I saw the Dr again for my medical evaluation and was told again that it only noted my original claim and nothing about Migraine headaches.

What should I do now. I have been battling this for 2 years, the migraines are so bad they last for days and I can't work when I am having one. Any suggestions would be great.

Brian

[Jus10]

I battled the VA for years when I initially got out. My initial rating came about 2 1/2 years after my ETS from the Army. Unfortunately it was only 10%, so I went to the DAV (Disabled American Veterans) with every single medical piece of paper I had and they did an appeal for me. About 6 months later that 10% was then boosted to 60%. Well about a year later I went to the VA outpatient clinic and went to the business office where I requested an increase in compensation. I didn't fill anything out, all I did was sign the document. The VA rep I spoke with filled out everything for me.

Moral of the story, are you filling out the paperwork yourself and mailing it in? I would either go talk to a comp & pens rep face to face at the VA and they'll do the claim for you. Or you can get ahold of your local DAVE office and they'll do everything for you.

[Wildcat Dude]

Definitely go through the DAV - they will insure you have the proper documentation before its filed.

[CigarBasser]

Or, if like here in NC, go visit your counties veteran's services office.. I did a few years ago and they took care of everything for me..

[Florida Jig Co.]

I did all my paperwork at the DAV office at the VA hospital. So now what do I do!!!!

[n2ratfishin]

Pay for Tri-Care Prime if there are good PCP's in the area and get some help with the headaches. I may go back and file for another VA appeal? I gave up on the VA a long time ago. After them telling me I "couldn't prove" I took the migraine headache meds they have provided for eight of my 20 active duty years and 15 years since I have been retired…I was forced to take a prophylactic to get the good migraine meds and the VA had the gall to insinuate I didn't take the meds and go through the pain of self injections. Foook them! Get yourself some relief of the headaches. There is more to life than a few hundreds bucks a month from the gooberment. My 2 cents worth on the subject…but I have been told I have anger issues on this subject.

[Jus10]

I did all my paperwork at the DAV office at the VA hospital. So now what do I do!!!!

Your initial paperwork was filed through the DAV, or you filed the appeal through the DAV?

[Florida Jig Co.]

I initial paperwork was filed with the DAV which is how the claim got started.

[Jus10]

hmm... thats weird. Have you contact the DAV, specifically your case worker, and inquired about it? Do you have a copy/original of the claim form? If you take that to your case worker, and any correspondence you get form the VA, and explain the situation, they should be able to figure it out. If not, attempt the claim process with the VFW. Honestly though, i would go to your local VA and speak with a comp&pens rep in the business office. Those guys are usually very good and usually side with veterans anyways because they are usually veterans themselves. Just a suggestion.

[Florida Jig Co.]

I have spoken to my DAV claims rep about it. He is looking into it. I do have a copy of the original claim and took that with me to my evaluation appointment. The Dr told me that she could only evaluate me for what was written on her paperwork which was not what I originally claimed. She was kind enough to include my migraines so we will see. When I got on benefits, my claim there did include Migraines. I don't know what is up but somewhere in the VA system, something sure is broke.

[Jus10]

Yea, they generally like to "lowball" vets on compensation. When i did my first claim, had a laundry list of problems on there. did my C&P appointment where they evaluated everything, and then after 2 1/2 years of waiting, i got correspondence saying that they were only going to give me 10% for tinnitus. I was heated because i've had 2 knee surgeries that didn't really do anything, plus a ruptured disc in my lumbar region, and TBI from my first deployment as a result of my first IED blast. I went to the DAV and they filed an appeal for me, went to another C&P appointment where they evaluated my knee plus i had MRI's that i got at the VA showing the ruptured disc, and had to get cat scans etc, and talk to a shrink. about 6 month later they bumped me to 70%. Then i went back for an increase on my TBI cause they only rated me 40%, and had to talk to a shrink again, and from there a few months later, the VA bumped me to 80%. you just have to keep fighting these guys. it's most the COMP&PENS board that screws everyone. the reps that you speak with face to face or on the phone, they are more than willing to help, but can only do so much. Another option for you to do is to contact your congressional office in your district and file a congressional complaint. the VA is already in hot water with congress, and congressional complaints generally put a little pep in their step.

[Florida Jig Co.]

I expected the low ball but my worry is that they have something else screwed up and my claim was not properly processed and I will have to start all over again for the third time. Now here is something that I found unusual. When I go to Benefits, the claim area there that indicated I have an open claim shows migraine headaches. But nothing else does. So maybe I am still good and the paperwork that the C&P doctor had was wrong. At least she did document my headaches during that exam so I might still be good.

Thoughts????/

[Jus10]

It's possible you're still good if she documented the headaches. But the C&P doctor only assesses and reports on the issues that are being claimed. I would just wait and see what the next correspondence is, and go from there. If the doctor noted the headaches, and the VA recognizes that and gives you a rating, then your good. But they probably won't if it's not officially on the claims form.

[Florida Jig Co.]

I think I have done all that I can. Guess if it comes back that they did not even look into the headaches, then I will get a congressional complaint going. Just a waiting game now!!! Thanks for everyones insight!!!!

[Jus10]

No worries! Wish i could help out more, but thats your best bet. Best of luck to you and just shoot me a pm or something if you have anymore questions!

[Florida Jig Co.]

ok!!!!!

[Seabee]

I was told in December 2014 by VA personal that the VA claims system is going to an automated system. That system is creating all kinds of issues for many Veterans. If there is an error on your claim;then has to be entered by hand after intensive scrutiny. I am fighting this issue. I'm already rated 100 percent already some how VA lost all my documentation on my dependents, funny thing is my daughter is receiving educational benefits, wife receives Champ VA. But VA states under compensation that I have no dependents. VA representative state computer systems error.

Don't give up the good fight keep pressure on them our benefits are guaranteed by law and U.S. Code.

[Breck]

If you are looking for 100%.... I dont get why people are always so unhappy with their ratings. Well i do but that's a different topic. ANYWAYS if you are looking for a payday, start leaving work because of the headaches............... then tell the VA you are unable to work due to them and you will get your 100% because you are unable to work. Enjoy the payday

[CigarBasser]

If you are looking for 100%.... I dont get why people are always so unhappy with their ratings. Well i do but that's a different topic. ANYWAYS if you are looking for a payday, start leaving work because of the headaches............... then tell the VA you are unable to work due to them and you will get your 100% because you are unable to work. Enjoy the payday

[Breck]

do you have a point are just wanted to use the Emis? I can get anyone to 100% rating. You have to know how the VA system works. Why do you think everyone that works at the VA is 100% or going to be? Spent some time working for the VA so i have a pretty standing to say that. I mean heck on 100% you get more $$ than a GS-9, It actually works out to about 55-60K a year just to sit on your butt. I frankly dont agree with it but tons of people are abusing it.

I do love the cycle. It was PTSD for an Insta 50% now they are going with sleep apnea there is 50% right there. Just realize that your ratings come off the "good part of you left" SO you get a 50% rating and you have a 10% its 55% total which is rounded to 60%, now if you have 50,10,10, its still 60%, why? 50% give syou 50% left, 10% of 50 is 5, and 10% of the 45% left is 4.5 so your total is 59.5% so you are 60%.

Fastest way to 100% is claim your disability prevents you from working, if they accept it, BAM 60K a year to sit at the house. Most Combat Vets like myself, I know have lower ratings than guys that got a service connected CONUS or never left the FOB or was within 1/2 a mile of IDF.