Help with Possible ratings?

lee.michael.f92

PEB Forum Regular Member
Registered Member
I have been referred to the MEB for Enthesopathy of the Right Hip Code 726.5 and just recieved my addendum for my Migraines Completely signed off from the Neurologist and The CAPT at Balboa Hospital.

I have been prescribed Medication and treatment plans as far back as 10 months ago for my Migraines as they have been taking me out of work very frequently. I've been to the ER numerous times within the past couple of months and have seen Sick Call and my Primary Docs on numerous occassions.

My Addendum Says this from the Neurologist:

"Introduction:
22 Year old male administrative specialist with frequent migraine and aura headaches


ICD-9: 346.0

HISTORY OF PRESENT ILLNESS:
Corporal Michael F. Lee is a 22 year-old right-handed male who presents to the neurology clinic because of chronic headaches. The headaches are described as diffuse, throbbing headaches associated with light and sound sensitivity and nausea most of the time. They are 7/10 in intensity and last up to 2 days. He has the headaches about 2-3 times a week. The headaches seem to occur at any time of the day but mostly in the morning. He also reports seeing bright spots that are smaller than his thumb at arm's length and they would be multiple, occuring 1-2 hours before the onset of headache. Stress seems to be the trigger for the headache. When he has a headache he would try to lie down in a dark, quiet room. If he has a headache at his work center, he says he would be sent home. He has had these headaches for the past 10 months. He has tried amitriptyline 50 mg PO QHS without much relief. He has tried Maxalt 10 mg PO prn without much relief. He was also recently started on topiramate 25 mg PO QHS last month. He has tried gapapentin, but made him feel dizzy at 100 mg PO QHS. So it was discontinued. He takes Midrin and seems to help. He takes Midrin 2-3 times a week. He has a brain MRI and it was normal. He has already been referred to the MEB for his right hip labral tear.


Assessments:

1) Migraine with aura, episodic but frequent and interfere visually. neuro exam non-focal. MRI with brian with no lesions.

The board agrees to the above diagnosis. It is the opinion of the board that this Service member has a condition that may prevent him from performing the duties in his rank. This case is therefor referred to central physical evaluation board for further adjudication."

I know that Jason Perry said this in a recent post:

"By the way, in the past, the military took the position that "prostrating" migraines/headaches only occurred when you stopped what you were doing and went to seek medical care. Later, they "loosened" the standard to state that you did not have to go to the ER/doc if you had a approved plan by a neurologist stating that you did not need to do so. Now, all of that has changed with the VA providing the ratings. Essentially, a "prostrating" headache is one that causes "extreme weakness or exhaustion" (this is not a set definition, but one that has been used by many VA rating officials and has become somewhat of a standard). One thing that you could do is keep a migraine log/diary, detailing dates/times, what steps you take to deal with the migraine, how long it lasts, and any residual effects."

Mine have to definitely fall under prostrating and I've looked at the VASRD and it says that Migraines that occur 2-3 tims a week that are prostrating should be rated up to 50% if not more.

So one of my final question is does anyone here think my chances of getting 50% is good?

Secondly... if I do not get atleast 30% for my migraines, should I appeal and would I have a good enough case for an appeal? *I'm not too worried on timeline for getting out.*

Sorry for all the info. Any help is greatly appreciated.
 
The C&P exam is a better source for a prediction on ratings. Biggest problem with your NARSUM is it doesn't seem to reflect PDRL.

I think the C&P will reflect at a min for 30% rating, as long as the checkbox for prostrating is checked and the checkbox for frequency shows at least one migraine a month. The standard for 50% is a little less clear. My rating letter seemed to suggest the 50% was given because it was obvious I was getting fired due to my migraines, and didn't reference frequency. Some things I have read suggests that as long as it is above the 30% criteria (i.e. checkbox for more than 2 a month), then 50% is given. The "economic impact" requirement for 50% is a confusing standard, obviously you don't need IU, but they seem to want to see IU like criteria for 50%. I think its hard to say 2 prostrating attacks a month wouldn't have an economic impact, but what is "severe inadaptability"? Overall, I think 50% TDRL is pretty clear, but how to maintain it over 5 years and find some other job willing to put up with the amount of sick days and keep the rating is the bigger question in my mind.
 
The C&P exam is a better source for a prediction on ratings. Biggest problem with your NARSUM is it doesn't seem to reflect PDRL.

I think the C&P will reflect at a min for 30% rating, as long as the checkbox for prostrating is checked and the checkbox for frequency shows at least one migraine a month. The standard for 50% is a little less clear. My rating letter seemed to suggest the 50% was given because it was obvious I was getting fired due to my migraines, and didn't reference frequency. Some things I have read suggests that as long as it is above the 30% criteria (i.e. checkbox for more than 2 a month), then 50% is given. The "economic impact" requirement for 50% is a confusing standard, obviously you don't need IU, but they seem to want to see IU like criteria for 50%. I think its hard to say 2 prostrating attacks a month wouldn't have an economic impact, but what is "severe inadaptability"? Overall, I think 50% TDRL is pretty clear, but how to maintain it over 5 years and find some other job willing to put up with the amount of sick days and keep the rating is the bigger question in my mind.

Thank you for the reply and the INFO. Can you please explain to me what the/a C&P exam is? Should it already be in my MEB package? As far as PDRL goes, im not worried about that. and Maintaing 50 % TDRL or Not is something I will just have to deal with once I get out.
 
C&P is the exam the VA did. I received a copy of them at the same time I got the NARSUM. I didn't see the neurologist report until I got the NARSUM, so kinda assuming you are at that point.
 
C&P is the exam the VA did. I received a copy of them at the same time I got the NARSUM. I didn't see the neurologist report until I got the NARSUM, so kinda assuming you are at that point.

Okay so I actually found my C&P exams.
Here's some of the Key things that it states:

ICD Code: 346.9
-Gets headaches about 2-3 Times a week
-Pain 8/10 No aura.
-Occansional ER visits for this. last visit in FEB 2015
-Currently on a plan? Yes.
-Migraine/ Non-migraine - does vet have characteristic of prostrating attacks of migraine/ Non-migraine headache pain?
YES.
- If yes, indicate frequency, on average, of prostrating attacks over the last several months:
x Once every month.


My worries with this is that it states "No Aura" when infact I do get Auras with my migraines, even states it in my addendum from the neurologist... and that it says I only get prostrating attackes once every month, which is highly inaccurate...

Is there a way to appeal or rebuttal this portion in my C&P exam?

I already know that "Prostrating, Once a month" SHOULD be atleast 30% per VASRD, but the C&P exam does not reflect correctly what is annotated within my records and my actually physical well being when I get migraines.
 
I also forgot to put, the C&P exam also states: "Has missed part of the workday about 5-6 times in the past month because of headache."

So how is it that my Prostrating attacks are only once a month...? It doesn't add up...
 
I am at the end of my MEB for migraines I was awarded 30% from Army I had at least 3 -5 a week I kept a detailed log which was done on an iPhone app my neuro gist recommended. My PEBLO kept telling me it was going to be TDRL or 20%. But my NARSUUM and my doctor made sure the wording had the word stable in it. With all my other conditions the VA side awarded me 90% so the 30% gave me the retirement benefits I wanted and the V1/V3 coded it so it will help me when I apply for CRSC
 
I am at the end of my MEB for migraines I was awarded 30% from Army I had at least 3 -5 a week I kept a detailed log which was done on an iPhone app my neuro gist recommended. My PEBLO kept telling me it was going to be TDRL or 20%. But my NARSUUM and my doctor made sure the wording had the word stable in it. With all my other conditions the VA side awarded me 90% so the 30% gave me the retirement benefits I wanted and the V1/V3 coded it so it will help me when I apply for CRSC

Great info! Thanks for the Reply. And can you please tell me what CRSC is? And does 30% DoD get you Tricare for you and dependents for life? Err, something like that...
 
Yes 30% is the same as if you retired as a 20 year retiree Tricare for your family, PX, commisary, etc. The CRSC is a supplement is you were injured in combat or combat simulation you have to apply separtly with HRC your branch with supporting documents the v codes just helps make it stronger, So 30% gets tricare prime for life for you and family for life
 
Yes 30% is the same as if you retired as a 20 year retiree Tricare for your family, PX, commisary, etc. The CRSC is a supplement is you were injured in combat or combat simulation you have to apply separtly with HRC your branch with supporting documents the v codes just helps make it stronger, So 30% gets tricare prime for life for you and family for life

Thank you so much for your insight and help!
 
What helped mine was the commanders statement what he wrote and what my job title is at the current time.
 
Okay so I actually found my C&P exams.
Here's some of the Key things that it states:

ICD Code: 346.9
-Gets headaches about 2-3 Times a week
-Pain 8/10 No aura.
-Occansional ER visits for this. last visit in FEB 2015
-Currently on a plan? Yes.
-Migraine/ Non-migraine - does vet have characteristic of prostrating attacks of migraine/ Non-migraine headache pain?
YES.
- If yes, indicate frequency, on average, of prostrating attacks over the last several months:
x Once every month.


My worries with this is that it states "No Aura" when infact I do get Auras with my migraines, even states it in my addendum from the neurologist... and that it says I only get prostrating attackes once every month, which is highly inaccurate...

Is there a way to appeal or rebuttal this portion in my C&P exam?

I already know that "Prostrating, Once a month" SHOULD be atleast 30% per VASRD, but the C&P exam does not reflect correctly what is annotated within my records and my actually physical well being when I get migraines.
I had the same issue with my exam, and was awarded 50% for migraines.
 
Congrats that everything worked out for you my final day in my unit,is 27 April I start leave then my final day in Army is 28 June.
 
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