Migraine MEB

R

rr2018

PEB Forum Regular Member
Registered Member
I am currently going through a MEB for migraines with aura. I have been AD since 2018, with the migraines starting in 2022. I was finally referred to a neurologist in Dec 24 who diagnosed me, she also put in my medical note that I had a history of migraines in childhood- these migraines differ from the one I started having in 2022. The previous migraines were more related to menses. The migraines I am having now are debilitating and causing vision loss.
My question is could they flag me as having a “previous condition?” I am currently going through my VA appointments with 2 left. Thank you for any responses!
 
rr2018 said:
I am currently going through a MEB for migraines with aura. I have been AD since 2018, with the migraines starting in 2022. I was finally referred to a neurologist in Dec 24 who diagnosed me, she also put in my medical note that I had a history of migraines in childhood- these migraines differ from the one I started having in 2022. The previous migraines were more related to menses. The migraines I am having now are debilitating and causing vision loss.
My question is could they flag me as having a “previous condition?” I am currently going through my VA appointments with 2 left. Thank you for any responses!
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If you hit the 8 year mark they can't use that excuse so I would try to hit 8 years. Even if they considered it preexisting you an argue that the military permanently aggravated the condition which would then make them service connect it. I always recommend hiring a private attorney from the start. I will send you references. My wife hired one and it made all the difference in her outcome.
 
Thank you! I am currently in the IDES process, is it too late?
I am unfortunately only at 7years active duty. But my military medical record started back in 2014 at school.
 
rr2018 said:
Thank you! I am currently in the IDES process, is it too late?
I am unfortunately only at 7years active duty. But my military medical record started back in 2014 at school.
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Its not over until its over. I would interview some private attorneys I sent you and reach out to JAG and ask. You will have an idea on which direction its going by the time you get the NARSUM. The military docs will state if fitting or unfitting, service connect or not, If checked not but checked yes for permanently aggravated that makes it service connected. You have a great case for at least that since they are worse now so it would not be hard to show that.

Where are you in iDES? What are your goals? My wife's migraines were one of several conditions that caused her to medically retire. Hers were so often and so bad that they was approved for SSDI for them too later on after she got out. That's pretty hard to do since you would have to have migraines enough where you can't hold a job due to missing too many days of work.

I would try to get the best result possible. If you can get 30% DOD and medically retire you will get tricare for you and your family for life! That one benefit allowed me to sell my company and be my wife's caretaker because she had Tricare coverage for us and the kids. I will always advocate to hire a private attorney even though they are pricey because you get one chance at IDES and the outcome has a lifetime of financial implications.
 
I currently have completed 4/6 VA apts. Goal would be to retire, so that I know my kids are taken care of health care wise. I’m having migraines 2-4 times a week depending on stress and they are quite debilitating. My Dr read my NARSUM to me a while ago but I can’t remember everything they said. I know they said it was unfitting and my CC statement also reflected that. I just can’t remember for sure if they said permanently aggravated.
Thank you so much for your response. Helps a lot with all the anxiety during this.
 
rr2018 said:
I currently have completed 4/6 VA apts. Goal would be to retire, so that I know my kids are taken care of health care wise. I’m having migraines 2-4 times a week depending on stress and they are quite debilitating. My Dr read my NARSUM to me a while ago but I can’t remember everything they said. I know they said it was unfitting and my CC statement also reflected that. I just can’t remember for sure if they said permanently aggravated.
Thank you so much for your response. Helps a lot with all the anxiety during this.
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Are you Air Force? The NARSUM is usually not created until after exams. Air Force is weird because they do a mini IDES which doesn't count. That part doesn't even count if they don't roll over the code 31 to a code 37.

Other than hiring an attorney my advice is to have a plan and stick to it. That means knowing as much as possible. Appealing at every stage that doesn't mesh with your plan. So if migraines should be unfitting you want that stated in the NARSUM and your commander's impact statement. Make sure all the right boxes are checked on your DBQ. If not, be prepared to upload a competing one along with the form to this link: https://www.vba.va.gov/pubs/forms/vba-21-4138-are.pdf. So that your VA rater can see the symptoms are more severe than indicated by your C&P doctor since you can have one of your doctors fill one out too. Know the percentages. Sounds like your migraines will be rated 30% or 50%. Go through your entire medical records and see if there are any other conditions that you could argue should be unfitting too. If you have one or more that isn't referred then start working on gathering evidence, getting on a profile if not already for those condition(s). Appeal at each point in the process where that missing unfitting designation is so that you can show you have been stating all along that the condition should be added. Make sure your Commander's impact statement has those missing unfitting conditions or see if he or she will re-write to reflect those additional conditions.

I could go on and on but as you can see there is a lot that you can do but most people just wander through the process. That's why I recommend a private dedicated attorney. There are sometimes appeals that you didn't even know was an option etc. Since the results last a lifetime its well worth it to get the best outcome possible. Getting 30% DOD unfitting PDRL is paramount.
 
Yes I am AF. I just finished my General C&P and have 2 exams left.
My biggest concern is them trying to say I had migraines prior to service, even though my current migraines are completely different.
I’ll get with my PCM and ask them to hopefully highlight that fact. I’ve also heard of attaching a personal MFR to your case?
Thank you again so much for the reply
 
rr2018 said:
Yes I am AF. I just finished my General C&P and have 2 exams left.
My biggest concern is them trying to say I had migraines prior to service, even though my current migraines are completely different.
I’ll get with my PCM and ask them to hopefully highlight that fact. I’ve also heard of attaching a personal MFR to your case?
Thank you again so much for the reply
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Yep very backwards. I can't emphasize this enough that getting a dedicated private attorney can help. At the very least talk to some about your case to see what they think. You would be surprised how subjective everything is. Similar cases can yield very different results depending on strategy, evidence and willingness to appeal at each step if something isn't right. A lot of the times JAG scares people from doing things by stating that everything is on the table if you request a FPEB. Though that is true most of time the only thing they rule on is the issue you are challenging. I am putting this out there because a lot of Soldiers settle due to fear of losing what they have already gained via iPEB. (Disclaimer: there are situations where its not worth appealing and you have more to lose than to gain. That's why an experience attorney who is focused on your well being is paramount.)
 
Have you reached out to the ODC? I have had significant success with my counsel, to include getting some of my physical conditions added to my NARSUM because the process started with my mental health.
 
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