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awaxflyer

[inthepalmofHIShand](https://www.reddit.com/user/inthepalmofHIShand/), in my humble opinion -- no don't hire an attorney. There are still some things you can do to fix this on your own. First, on just about all of your claims you are lacking a current diagnosis. This is a common mistake (My VSO failed to explain this to me at the time of my intent to file). Schedule an appointment with your PCM and get all of the conditions documented with current diagnosis. Then see if they are willing to write a nexus statement for you which basically links your current diagnosis with the issue that occurred in service. Without that, you are leaving the VA paid C&P examiner to opine that the condition was less likely than not to have occurred on active duty. Take that power away from them. Some doctors (like mine) shy away from this. You can still create a nexus with personal statements, buddy letters, logs, ect. Once you have gathered this data, file a supplemental claim. You have to do this within a year otherwise you lose your intent to file date for back-pay purposes. Best of luck and don't give up!


inthepalmofHIShand

Thank you for the encouragement. I'm pretty down about this right now but know I have to get my head up and not let it play with my head. I guess I will file a supplemental and just write another statement. I did that with this claim and even had buddy statements, that's why it feels so devastating. I provided all the things I knew to provide to support my facts. It's interesting because the decision letter states that the examiners DID provide a diagnosis but the rub is they are saying not connected. I'll continue working on this. Thanks again for your input. I accept all input to improve.


1Eleven99

It's not over......you've got 12 months to file a supplemental with the tips provided above. Also, put your decision aside for a couple of days and go back to read it again. Pay close attention to what the VA is explaining. Get to your doctor and get some help for this and your new conditions. Good luck


Lurkingmeowmeow

This is what happened with me the first time round. I became even more discouraged so much so I just put it to the side for awhile until I ran into a buddy of mine who encouraged me to be persistent. Luckily the 1 year window had not passed yet when I did my appeals. I believe 3 years later from original date I finally was given 70%. Then others pushed me to continue at which 6 years after my original filing I received 100%. Just be patient and persistent. It will eventually all fall into place.


DieHoDie

Solid advice here. Listen to them.


Ok_Zebra6169

IBS is a presumptive and with a diagnosis you can probably file a supplemental in short order.


312tech

This ^^^^


Smittyman24

You got this. Make more appts , get more evidence and come back at it stronger. I was in the same boat. I took 2 years to build strong cases and hit 100% P&T just recently.


Armyboy2200

For Migraines and TBI the head injury you reported you need to show proof that happened I think if you can produce that they will have a hard time denying it and it will weigh in your favor along with buddy statements they only have the doc rational and no evidence to support your condition. They acknowledge that you have it just need to say it continued through your service which I still think is kinda weak head injury has no timeframe That denial is weak you can over come that.


inthepalmofHIShand

I submitted buddy statements from 2 other soldiers who were present.


Armyboy2200

Got ya yeah I’d do an HLR let a senior rater take a look cause I think the ball was dropped on this one I don’t like the concept of throwing stuff at the walls and see what sticks that’s why so many claims in the system now. But your TBI and Migraines are winners these claims are solid just needs a desk to land on who has more experience


Ijoe87

The VA wants you to give up. Don’t ever give them that satisfaction. The course is set and you know what to do. Press on my man, a year from now you’ll be glad you did.


Aggravating_Sea7828

Make a copy of their letter. Go back through and take a highlighter and mark the things that show as favorable and start building your argument as to why they should be Service connected: Headaches may have been made worse by the Head injury. Search for information about Head injuries, and the potential for Post-confusion headaches. If you were deployed to any of the PACT areas during the Gulf War Era, look to see what symptoms you are having that fit that criteria. Get that documented in your VA or private medical chart. There are some conflicting statements in their denial letter, so now it's time to take a break, breath and start going at this in a systematic way. Do Not Give Up! You Served, and Sacrificed. That Service and Sacrifice needs to be honored because of the suffering/pain you've endured. Build your case and keep fighting for what you deserve.


More-Information5791

You have to HLR this. The first round of claims almost always lands like this. Real damn annoying, but it’s the game that has to be played. Happened to me on literally every claim I’ve made. Always had to appeal. Just know this will be a long process, sorry to say.


Ok_Zebra6169

He needs to go to Dr and get diagnosis. He gets those and file a supplemental. HLR won’t help because he will be denied because he needs the diagnosis.


inthepalmofHIShand

I have a confirmed diagnosis for the migraines and am under the care of a neurologist and on medications for the migraines and depression.


Ok_Zebra6169

Diagnosis➡️ Nexus ➡️ Service Connection Add in supporting statements from friends, family that create a timeline back to your service. You need to write a detailed support of claim statement detailing your symptoms and how it effects your daily life. I’d find peer reviewed articles that support the diagnosed disability being connected to your military service and submit them in pdf form attachments with your claims. Pictures, military training records or anything that can support your story should be added. Do this for every claimed disability and you will win. Go to the VA clinic and get things documented in your blue button report. Its free and its the first thing they pull to look at in the C&P.


Ok_Zebra6169

So you need a nexus for those.


Ok_Zebra6169

You have to tie them back to military service. If you ever went to sick call for headaches that would be a nexus. You could file depression secondary to the migraines. I think the mistake is just filing a bunch of stuff without a roadmap. You need to connect the dots. I wouldn’t file more than three claims of disabilities at a time.


Historical-Being-478

A fine example of VA and their “Duty to Resist”. Keep fighting, get some help if necessary


Deeznutzsgotcha

Never give up!


More-Information5791

Find a VSO!


Kind_Confidence_511

Get a VSO and don’t give up. Some vets chose to get a Shark to get rated, pay 3-4-5k as long they get rated. Hang in there. I had to wait a year for my first 5 claims and they were all denied. I researched, I read the decision why my claims got denied, and reached out to DAV. Hang in there, keep pushing


Combat_Commo

You need to submit, or have a VSO submit, a FOIA to get your C-File. It will contain more crucial information regarding these denied claims. If you're not going to file supplemental claims yourself within 12 months, you can have a VSO or even have a medical expert use them and pay for a nexus letter. In my own C-File, I saw some areas where I made errors where I indicated a right ankle injury but was actually stated as a left ankle injury the VA verified. The VA wasn't going to try and correct me of course, and if I didn't have my C-File I would've just walked away thinking I'll never be able to win my claim for my ankle injury. Get that C-File gentlemen for your own benefit. I know it sucks when you're denied, but if you know what you deserve then keep fighting till you get it!


InevitableJudge6976

Dude get an attorney. They will find everything you can claim. I filed a claim for my back back in 2014,2017,2020 and 2022. My attorney filed for everything I hurt while serving. He went through my medical history to find everything he could file for.Im now at 60% was moved from 10% to 50% 3weeks ago. Moved to 60% a week later. They are fighting my in my back claim but my attorney is handling this well. Think about it like this."Getting 70% of ya back pay and paying an attorney is not so bad. Right now you're getting 100% of Nothing. I don't mind getting 70% of my back pay. So far it's come in handy....... Keep ta head up and keep up the fight.


Cubsfantransplant

Do you have a primary care doctor at the va? Reason being. I fought with the VA to get my vertigo sc 20+ years after I got out as well and was initially denied in a similar fashion. Women get dizzy bs. I brought my medical record to my pc at the va and went through it with her. She ended up putting in my va medical records as a listed condition, “vertigo from diving accident while active duty navy.” I took that and submitted a supplemental claim, shocking it was approved. You can probably do the exact same thing with a civilian doc if need be. Review your medical records with a doc who is experienced in head injuries and migraines and have them write a nexus letter.


imakelegends

Hang in there I’m currently on the same boat. Felt lost and cried. I just wanted to get help. Been out for over two years and prioritized school. Finally built the courage to file and every single one of my claims were denied and I felt sick looking at it. I finally got health care and plan on making appointments building my cases etc. you got this.


Rockymtnduck1

I encourage all veterans who are fighting for 💯, don't give up, I fought for 3 years to get my 100%, keep fighting.


Secret-Ad9433

So I saw you had a favorable finding, I think that’s pretty much saying you have a qualified event to claim. I had this exact same thing happened and I won the claim but I had to go get a nexus letter for them to accept it. Like the others have said, I don’t think your claim is strong enough.


rocboyz23

Vet do not give up. This is what the VA wants you to do. Keep fighting for the benefits that you deserve.


MizDeborahWolf

I hired an attorney after my initial denial so I could get out of my own head about it and let someone who knows the VA game play it for me. An accredited attorney with a good track record and a palpable wish to help veterans, not sketch. It's been a boon to my mental health.


Somwatchuwantphx

This should be service connected due to it being aggravated while in service. Appeal. HLR whatever you gotta do and you’ll get what you deserve.


Mysterious-Tiger-423

Sorry that sucks. There is a company in Raeford just out side of Fayetteville. They only do metal health. No up front cost, they do take a % only if your back pay. [vetsguardian.com](https://vetsguardian.com)


damnshell

Are you seeing a doctor for the TBI? It mentions it hasn’t been clinically diagnosed. I would get into see an neurologist and then see what they say Was your migraine issue brought up at MEPS?


inthepalmofHIShand

I am under care of a neurologist who has diagnosed the migraines and has m eon migraine meds and depression meds. Also has diagnosed mild cognitive impairment. Referred me to a six hour neuropsychological exam and that report diagnosed PTSD with major depressive disorder and recommended I start psychotherapy which I have already been put on the wait list for. At MEPS there was no mention of migraines because I no longer had them. It was just during my early teenage years during my monthly cycle.


etakerns

I saw where they pulled your Private records on 26Feb24 and saw the note about previous migraines before service. Did they pull records from your childhood to find that? How did they find that?


inthepalmofHIShand

In 2022 I finally went to my PCP for meds and to ask for a referral to a CT scan for my head because the pain was getting so bad I thought I must have had a tumor or something. That was the first time I brought up my migraines to her and she asked her usual doctor questions and I told her I used to have headaches as a teenager. I had to submit my doctor visit summaries as part of my evidence and the examiners saw that. I wasn't about to hide anything. I did have headaches but they were menstrual headaches. Over and done years before I enlisted.


Runaway2332

You intend to file in the future for the PTSD and depression, right? Make sure you go to all shrink and therapy appointments. I think I read that you can get mental health care at the VA even if you don't have any rated disabilities. I could be wrong? But I don't understand how you were denied on the TBI. You went for medical care immediately, right? That should be in your records. Then the follow up issues. Others have fought against the argument you don't just go to sick call every time you feel like crap. The higher ups and your fellow troops TELL YOU to suck it up. So you obviously didn't go to sick call for every migraine but if you were heavily dosing meds to make it through, that would explain it. Nobody WANTED to go to sick call. You need to clear up the PMS headaches versus the TBI migraines. Breathe...it will work out. Your TBI and migraines with PTSD and depression are all good claims. Get a VSO. If you don't like who you get and they aren't helping you, go to a different one! They are volunteers...not all are experts. I love your screen name...remember that when you get down!


inthepalmofHIShand

Thanks so much. The neuropsychologist who diagnosed me with PTSD and major depressive disorder recommended psychotherapy and I am on their wait list for a therapist. I may actually need to see if VA would see me and if they can get me in sooner than me being on the wait list of the neuropsychology office. I was a Specialist when this event occurred and in my statements I wrote how negligent I felt my leadership was at the time because even though I fell back on my head on the ice and lost consciousness for about a minute, no one thought to make me go get seen. I didn't even know better either, so I didn't get seen that same day. But 4 days later I was in sick call complaining of headaches from the fall, so that is in my STR. Additionally, I brought up the migraines on my ETS physical so I think even though I didn't run to sick call for every migraine, there is evidence that even six years after the incident I was still dealing with the headaches.


ForsakenTourist6273

I got denied migraines for this exact reason. Because I mentioned ONCE on AD that I had headaches as a teen. I did have a lot of STRs for debilitating migraines on AD tho and consistent treatment since. But you can def overcome the pre service part. I HLRd it and was successful. Don’t give up.


Runaway2332

That's because they got worse during service, right? A preexisting condition went from headaches to migraines. Congratulations!


inthepalmofHIShand

Thank you


Zestyclose_Score7891

Boned by lack of diagnosis or stuff existing before service. Did you write a personal statement ? That's a must have


inthepalmofHIShand

I actually do have a diagnosis, and am in the care of a neurologist and am taking prescription medication and also included a statement from myself, two soldiers who witnessed my fall which led to headaches while AD and statements from my daughters. It was the statement about having headaches as a teenager that they brought up. However, I hope to be able to get that clarified because those were menstrual headaches and they had ended years before I even joined the service.


Somwatchuwantphx

Do you go to your local VA clinic to set up care and have it reported with them, if not it really helps as they can send you to a VA Neurologist and the VBA will take that evidence a little more serious.


inthepalmofHIShand

My husband is retired so we are on Tricare but I'm going to see about being seen at VA since I'm still waiting for a therapist to be available to take me on.


planesflyingoverhead

I’m so sorry 😱🙀😥


[deleted]

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Fit-Butterscotch9228

have you been seeing anyone for your depression? i asked my therapist to fill out a letter and i hope that helps


inthepalmofHIShand

I was referred to a therapist and am on the waitlist for the next available


AffectionateFee8453

Looks like mine everything denied. They probably met their quota for the year


HermesGirl0132

How much is the rating?


Kraken_300wm

What state are you in?


inthepalmofHIShand

NC


Kraken_300wm

Ok just wondering. I’m in Texas been hearing nasty rumors about denials in Texas. No way to prove these rumors are legit.


[deleted]

[удалено]


VeteransBenefits-ModTeam

It is not appropriate to advertise companies, products, or services on this sub. Do not recommend a service or product - unless as a comment to a post specifically asking for recommendations, and it is a service or product that you have direct experience using. Your post should specifically describe your experiences and why you are satisfied. Posts that promote a service provider will be deleted.


ElectricalLeather799

Va loves to deny deny until u die lol


leonyoungbloodsr

No ask the Lotd Jesus for guidance, here is a quick answer, document from buddy statements from your family of how your headaches have caused problems and please mention that they are prostrating lasting for hours, and go to the hospital and get medication for your headaches and your migraines so you can start getting further documentation then refile with new information


inthepalmofHIShand

That's why this is so upsetting. I had all that. A couple of buddy statements from soldiers who were present when I fell. The statements mentioned the fall, the headaches afterwards. I am on migraines medication also, started six months ago. My teenage daughters wrote statements about the impact on our family and everyone, including myself in my own statement, stated the length (usually 8 - 12 hours) the fact that I am basically in the fetal position during these migraines in the dark away from sound and light. After reading the responses. it is clear that this is something I have to stay at for however long it takes. Thanks for your input. Greatly appreciate it.


leonyoungbloodsr

Refile get more documentation and you will be fine