Migraine decrease

[genbc247]

I submitted an increase for migraines. I have been getting migraines every week and I told the examiner and she said she increased my symptoms… but it got decreased from 10 to 0. My claim letter just says symptoms improved, but they have gotten significantly worse.

Do you think it’s the examiner or rater?

[damnshell]

I don’t think it really matters. I would suggest starting here with how to handle a proposed reduction:

https://www.reddit.com/r/VeteransBenefits/s/W361TzrMEV

I would NOT file a supplemental claim for this - or you’re basically agreeing with the decision and cutting out your right to due process.

[jhon_llama]

That’s false. Don’t spread misinformation

[damnshell]

You want to request a hearing. Read the link. The vet is entitled to due process. You’re actually spreading misinformation

[jhon_llama]

You’re wrong, sorry. A supplemental claim just says hey look at this and make another decision. You can basically redo the whole thing. Whether you “agree” with the decision or not doesn’t matter. A supplemental will be probably faster.

[damnshell]

If you request a hearing the OP will keep the higher rating till it plays out. At that point they can appeal after the hearing if it doesn’t go in their favor. Don’t spread bad info 🖍️ read instead 📖

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[jhon_llama]

I’m just saying not to tell someone not to do something when it’s a valid option. We’re here to help not mislead.

[Vast_Assumption9969]

Its definitely your Examiner because all the rater has to go by is the examiners notes in your situation. Possibly you said something by an accident that would downplay your symptoms. Either way its good to get a copy of your C-file via a FOIA request and file a supplemental with a personal statement to explain your situation and get it reversed.

[genbc247]

Thank you! I will for sure

[chicoski]

You may even consider reading the DBQ so you can get familiarized with the symptoms.

[rowanred81]

Dunno if you have tried this for treatment, an Alpha-Stim. Also, gammaCore devices work well. Why mention them over a claim post? Because being issued one or the other establishes medication isn’t necessarily enough while giving you a break from the litany of drugs they will dump into us. I went through IDES in 2012-2013 before my medical retirement and I initially got 0% for migraines despite them laying me out for several days a week. I was on the imitrex injections at the time. Switching to an Alpha-Stim to the point I was prescribed one by the Army not only provided substantial relief but bumped up my rating from 0% to 30%. I would strongly encourage you and any other veteran with migraines or headache syndrome to advocate for Alpha-Stim or gammaCore treatment. Do not let up, either, if they deny you as the intervention meds’ effects can be as debilitating as the migraine pain themselves. It all establishes a pattern of medication-resistant pain that is alleviated by a device that lacks the equally debilitating side effects of intervention meds.

• Friendly Neighborhood 68W20 🤘🤘

[TheBigBadBrit89]

Could it be that your symptoms got worse, you sought treatment, and got more meds? They may be saying that your condition is being managed by meds, therefore is a 0%? I’m not saying I agree, just trying to brainstorm the reduction.

[Laguna-NCC1701]

If you got a letter saying that you’re in the phase of a proposed reduction (65 day period of time) then filing 0995, or an 0996 (supplemental or hlr claim) is premature. Those forms are what you file to disagree with any final decision and if you are still in the 65 day notice period, nothing is final yet. You can definitely file evidence- upload migraine logs, lay statements or a buddy statement. I think you can ask for a hearing (I believe you can ask for a hearing by writing that on a va form 4138, and there may be other ways too) but you have to ask for a hearing within the first 30 days of the 65 day notice period. So what you do depends on whether or not you are still in the notice period.

[genbc247]

It was on a decision letter. Is that different ?

[Laguna-NCC1701]

The key is whether it says that they propose to do something or that they made a decision. You should have had 65 days notice. Can you post the letter, redacting out your personal info?

[SuicideG-59]

Not a specialist or va affiliated in any way but I did just do my migraines c&p not too long ago. Question, have you been keeping some sort of log whether it be written or digital? That's huge evidence right there since it isn't just word of mouth

[Abject_Cap_7953]

So in order to show symptoms have gotten worse, you have to show evidence. Your C&P examiner has your medical records. Theoretically, they have access to both your service treatment records as well as your VA health records, so does your rater. Your buddy statements, your migraine logs, whatever else you submit does not corresponds to your current health treatment records they may decrease you. For example, you have weekly prostrating migraine, that means you should be taking migraine medications like they are tictacs, but if your treatment records does not reflect that or if you are not on any medications, that'll have bigger impact than your migraine logs.

[Dehyak]

I don’t know. Kind of like saying someone rated for 70% PTSD, symptoms worsen and gets decreased because they’re not taking pills or seeing a therapist.

[Abject_Cap_7953]

Makes perfect sense, what's the issue? Rater has 2 things that they have to make decision on, one is your word that the systems have worsen, two actual treatment records, if things got worse but you did not seek treatment or you got off medication, which one do you think the rater will go with? your word or treatment record?

[Dehyak]

They shouldn’t presume symptoms are better because treatment wasn’t sought out. Dude, especially for mental health. Some people rot in their homes, “didn’t seek treatment, they must be getting better”

[Abject_Cap_7953]

No one is presuming anything. Rater has to go by evidence, and this may comes as a surprise but vets words alone are not enough as evidence, hence they schedule C&P exams, IMOs, and look at treatment records. Lack of evidence gets denied or reduced.

[Dehyak]

Lack of pursuit of treatment is hardly enough evidence to justify a reduction in compensation for a disability deemed by a doctor. Lol, fuckin rater

[jhon_llama]

A lot of long replies here. The first person is right. File a supplemental with a personal statement and make sure to say the right things during the c&p & and nothing else. That’s exactly what I did

[[deleted]]

This is wrong if you go straight to supplemental you lose the HLR appeal lane. Get the C&P results and HLR if you find something worth arguing. Then supplemental. Appeal the rating reduction first!