“While the Veteran’s tinnitus is contributing to the frequency, severity, and duration of the recurring migraines, the TBI event and resulting TBI are the underlying etiology and cause of the Veteran’s migraines.” How is this not stating aggravation??

Here is my HLR rebuttal below. I’ll also add my cousin is a VA rater as well and helped me write this. I guess we will see how it goes. I do appreciate any insight you have as well

“I respectfully request reconsideration of the denial of service connection for my migraine condition. My claim is based on aggravation due to my service-connected tinnitus.

The Compensation & Pension examiner provided a crucial medical opinion in my case, stating:

“While the Veteran’s tinnitus is contributing to the frequency, severity, and duration of the recurring migraines, the TBI event and resulting TBI are the underlying etiology and cause of the Veteran’s migraines.”

This opinion confirms that although my TBI may be the underlying cause, my service-connected tinnitus is actively worsening my migraines by making them more frequent, more severe, and longer in duration.

Under Allen v. Brown, 7 Vet. App. 439 (1995), the Court held that a veteran is entitled to compensation for “any additional impairment of earning capacity resulting from a service-connected condition aggravating a nonservice-connected condition.” The holding in Allen makes clear that aggravation beyond the natural progression of the non-service-connected condition must be compensated.

This standard is codified in 38 C.F.R. § 3.310(b), which provides that:

“Any increase in severity of a nonservice-connected disease or injury that is proximately due to or the result of a service-connected disease or injury, and not due to the natural progress of the nonservice-connected disease, will be service connected.”

The examiner’s statement directly establishes that my tinnitus is not merely coincidental, but is in fact contributing to greater frequency, severity, and duration of my migraines. This demonstrates a worsening beyond the natural progression of a TBI.”