Migraine and VA 4138 ?

Av13

Registered Member
#1
So I am in the IDES process and recently received my C&P results back, which for my referred condition (migraine) is completely wrong. Results are:

Does veteran have characteristic prostrating attacks of migraines - YES
If yes, frequency - WITH LESS FREQUNT ATTACKS
Does veteran have very prostrating and prolonged attacks of migraines productive of severe economic inadaptability - NO

I have incapacitating headaches 1-2 a week that force me to leave work on a weekly basis. My Commander's statement and notes from Neurology all explicitly state this and it is also what I told the VA Doc. I'm completely lost at how he could have checked the above and am told by legal that it's clearly a mistake and we will have to fix it later. I am on Botox, a daily preventative medicine, and an abortive medication. I used to have up to 4-5 headaches a week before all the meds (this is also in my records from Neuro).

My questions are:
1. Has anyone been rated appropriately when the C&P exam clearly does not match all your medical records / Commander's letter?
2. Has any one successfully submitted a VA 21-4138 noting a discrepancy on a C&P exam and been rated appropriately? (I will be submitting this with my packet but understand the C&P is treated like gold even if wrong so am concerned I will be unjustly evaluated).

I know I can appeal this at the end of the process but am hoping I can try to get it addressed when my conditions are rated the first time. Any other advice or thoughts out there?

Thanks for the help. This is a great site and a great resource for folks in need.
 

gsfowler

Staff Member
PEB Forum Veteran
#2
Is this an unfitting condition? If yes, then you can file a VARR and submit medical evidence while on IDES. If it is not a unfitting condition, then you will need to file a notice of disagreement.

Alternatively you can request a new C&P evaluation if you feel this one was incorrectly performed.
 

Av13

Registered Member
#3
Thanks for the response! It is an unfitting condition so I can file a VARR after my initial rating comes back. I am hoping to submit the VA 21-4138 to get rated appropriately the first time and was wondering if anyone had any experience successfully doing this.
 

superman01

Registered Member
#4
So I am in the IDES process and recently received my C&P results back, which for my referred condition (migraine) is completely wrong. Results are:

Does veteran have characteristic prostrating attacks of migraines - YES
If yes, frequency - WITH LESS FREQUNT ATTACKS
Does veteran have very prostrating and prolonged attacks of migraines productive of severe economic inadaptability - NO

I have incapacitating headaches 1-2 a week that force me to leave work on a weekly basis. My Commander's statement and notes from Neurology all explicitly state this and it is also what I told the VA Doc. I'm completely lost at how he could have checked the above and am told by legal that it's clearly a mistake and we will have to fix it later. I am on Botox, a daily preventative medicine, and an abortive medication. I used to have up to 4-5 headaches a week before all the meds (this is also in my records from Neuro).

My questions are:
1. Has anyone been rated appropriately when the C&P exam clearly does not match all your medical records / Commander's letter?
2. Has any one successfully submitted a VA 21-4138 noting a discrepancy on a C&P exam and been rated appropriately? (I will be submitting this with my packet but understand the C&P is treated like gold even if wrong so am concerned I will be unjustly evaluated).

I know I can appeal this at the end of the process but am hoping I can try to get it addressed when my conditions are rated the first time. Any other advice or thoughts out there?

Thanks for the help. This is a great site and a great resource for folks in need.
Av13, I am in the exact same boat with you. I am so frustrated and just want to get it over with. I have been advised to apply for an increase since I got 0%... can you believe that..0%. Oh well.
 

Av13

Registered Member
#5
Sorry to hear that. This process is crazy. Literally, they just need to look in the medical records and listen to the service member.

Anyways, so I just spoke with a VSO who recommended having my neurologist fill out the headache DBQ. He believes that will overrule the VA one since it is signed my a neuro doc. I am going to try to get him to sign it. Hopefully that can be an option for you...?...he also said to keep a migraine log, which I used to do but stopped since everything was in my records and my command's statement. Definitely will start that up again
 

superman01

Registered Member
#6
Sorry to hear that. This process is crazy. Literally, they just need to look in the medical records and listen to the service member.

Anyways, so I just spoke with a VSO who recommended having my neurologist fill out the headache DBQ. He believes that will overrule the VA one since it is signed my a neuro doc. I am going to try to get him to sign it. Hopefully that can be an option for you...?...he also said to keep a migraine log, which I used to do but stopped since everything was in my records and my command's statement. Definitely will start that up again
Agree... I too will submit DBQ, but have to wait till I am out. It's not my reason for MEB. I can wait. Good luck to you.
 

Av13

Registered Member
#8
I thought I would update everyone: having my neuro doc complete the DBQ worked for an accurate rating for me. I also submitted a 4138 explaining the situation and was rated accurately the first time. No appeals needed. Hope this technique can work for others if they find themselves in a disappointing situation.
 

Jets dude

Registered Member
#9
I just got my C&P results from the peblo and haven't signed them yet. I got a 0% because the VA dr. said I didn't have prostrating migraines on the question that specifically asks this but in his narrative he said, "member has headache pain that becomes worse (approximately once per week), 8-9/10" he also stated on the question that asks if the headache condition impacts his or her ability to work? he said yes. so i am confused how he says that my migraines aren't prostrating? so my question is did you have your neurologist send the dbq before it went to the IPEB or after?

and i have take over 5 different medications and now have been getting the botox every 12 weeks for a year. I am not on any meds now because they don't work and don't got to the hospital due to the fact that there is way more noise and lights there than my dark room.

any help would be appreciated
 

Av13

Registered Member
#10
Sorry to hear that. Legal should be able to help you address the issues and ask for an appeal. I submitted the DBQ before the VA rated my condition but if you can get your Neuro doc to do it now, it should still help you get an accurate rating...
 
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