tdiu I "think" My Lawyer Screwed Up

[Army Chic]

Hello everyone. My lawyers filed an appeal for unemployability due to my migraines. I called the 800# tonight and was informed that the lawyers is appealing for a higher rating for migraines, but the thing is, I already have the highest rating. Before getting appointing them, my claim for IU was denied due to me being pregnant at the time, and they didn't do a complete C&P on me. My lawyer isn't appealing the IU though, only the migraines. The C&P examiner for my migraines did give an opinion that I was unemployable, and the rater said there was evidence there, as well. I would like to know how will all of this play out or if my laywer screwed me over? I am attaching the document that is in my c-file. That was from the rater that rated my migraines. Thanks in advance for your help.

Edited February 14, 2014 by Army Chic

[jbasser]

I think you are OK. IU is actually treated as a claim for increase as it is not a disability.

You meet IU criteria with your ratings so you may just want to see what happens.

J

[john999]

Where is your claim and how long have you had the lawyer. He should only get 20% of your retro. I would just wait.

[Army Chic]

They screwed up. I had to withdraw my claim because it was going to be a waste of time. They were appealing my headaches from August, 2012, but I already have the max. They were also trying to appeal IU, but I didn't file for IU until October, 2012.

[jbasser]

I am sorry to say that you screwed by by withdrawing the claim. You filed the claim in Oct 12.

That is date of claim. The VA can pay you back to the date the condition arose or the date the Doc said you could not work.

I hope it works out. These attorneys are smart.

J

[Army Chic]

The claim that I filed in October 2012 was for IU. The lawyers didn't appeal that. They appealed my migraines case from August 2012. I am going to see if there is away that I can reopen my claim from October 2012 since I have 8 month until my year will be up.

[jbasser]

Let me explain IU. IU is not a claim for benefits. It is an ancillary award given to veterans who meet the criiteria.

IU is treated as a claim because it involves money. The way they do it is to evaluate your medical conditions to see if they are severe enough to keep you from working. The RO can make an extra schedular consideration and award IU. Fortunately, the rating criteria for 50 percent for Migraine headaches is based on a severe economic impact because of your loss of working capacity because of the prostrating effects of an actual migraine. ( I too am SC for Migraines)

Basser