just finished my compensation exams with the va


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so i go to the general practitioner for the VA and I'm trying to claim severe migraines, hypertension, hypothyroidism, chronic fatigue, unknown skin rash, tinittus, and obesity. doctor saw all the statements in my record but what concerned me that he didn't look at my migraine log at all. in my paperwork from the neurologist it states that i have 3-4 debilitating migraines a month and have to have lay down and can't do anything during that time...basically all the criteria for 50% compensation from the va. but my neurologist never used the word prostrating. everything i have read states that it has to say prostrating. also i have a muscles disorder in my legs ad had surgery and they didn't check nerve damage that I'm trying to claim. so my question is when the va ratings come back if i feel they left something out or lowballed me can i ask for a second opinion from another va doctor?

Jason Perry

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Yes, you can ask for that. The actual basis would be failure of the VA to meet its statutory duty to assist by having an inadequate examination (note that the results of this argument is likely either award of the rating you are asking for or a new exam; not saying they will award the higher rating, just pointing out that they can avoid a new exam by giving you what you are asking for...also, it may be that you have to fight this out past the Regional Office level (BVA or in court)...I also can't fully assess without knowing everything in your claim file). But it seems like you have a valid issue if they do not return an award that you are satisfied with.

Best of luck!
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