DBQ contradictions

matt.edward.jones

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In my DBQ, the physician wrote that I experience migraines "2-3 times a month that require me to lay down until resolved."

Later she wrote "2-3 times a year he can miss work." I said that I was not fit for duty 2 drill days this year, so I think that's where that came from.

And under Section IV: Prostrating Attacks of Headache Pain, she checked the box for "with less frequent attacks (than once in 2 months)"

I've read with other conditions, 'a tie goes to the Veteran,' but that section IV checkbox seems to overrule everything else since it is essentially the exact criteria from the VA ratings schedule. Does anyone have any insight into what a rater might do when confronted with a contradiction like this?
 

gsfowler

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The term “prostrating” means that the individual must stop all activity, take medication, and either seek medical attention or seclude himself for the rest of the day. The individual is unable to perform any occupational or daily activities either because of the migraine itself or because the migraine medication makes him too drowsy, etc.

Lay down until resolved is not equal to prostrating.

Hopefully you have a migraine log and/or medical records to support your claim of greater than (less frequent attacks). If rated below what you feel is correct, and you can provide evidence, request a VARR if the condition is unfitting. If it is referred you will have to file a NOD
 

matt.edward.jones

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That's a good point. The distinction is an important one. This was a claim I added after consulting DAV, but never felt it was disabling to me personally the way it seems to be for others. So I think the evaluation is fair.

I have a similar disparities in an unrelated DBQ where the same pain is described as moderate in a checkbox and severe in a narrative format. So I was mostly curious if the checkboxes that seem to mirror the rating are gospel or if raters sometimes deviate from it.

Thanks!
 

oddpedestrian

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With migraines trust me the C&P exam is gospel mine has been changed three times I will say getting 50% is where they will try to come up with a different reason not to grant that high even if the exam supports it. Now there is a new trend to try to get extra-scheduler for migraines.
 

PEBMember2017

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The tie and benefit of the doubt rule applies when medical evidence for and against a veteran is equally balanced.

The idea is to get an outside neurologist or PCP to fill out the Migraine DBQ correctly and counter the C&P examiner. Offer supporting medical documentation showing the severity, length, and frequency of the migraine headaches.

I hear all too often people getting low-balled during the migraine exam, and it isn't surprising considering how ambiguous the ratings schedule for migraine headaches is and how loose the language is (i.e., "prostrating," surprisingly enough, can apparently be interpreted a thousand different ways).

If a service member does not meet the schedular requirements, as @oddpedestrian stated, there is an extra-schedular way to go about this since "prostrating" and "severe economic inadaptability" strongly implies "incapable of maintaining gainful employment."

I know of several veterans on HadIt who are IU P&T for Migraines. Hard to win, but not impossible.
 
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