Have You Ever Heard Of This

[gatz]

I have a couple of questions. I was rated 10% for migraines in 2004. Filed a NOD and was denied for lack of evidence in 2005. Jan 27, 2006 filed another NOD with stronger evidence. On May 31st. went to a QTC exam. July I was sent a letter for IU

I want to know has this ever happened to anyone else and is this a good sign. For migraines all you need for IU is 50%. How long does it take to receive benefits after you have sent in a IU form

thank you for any help

[Vike17]

Gatz,

"I have a couple of questions. I was rated 10% for migraines in 2004. Filed a NOD and was denied for lack of evidence in 2005. Jan 27, 2006 filed another NOD with stronger evidence. On May 31st. went to a QTC exam. July I was sent a letter for IU"

When were you denied in 2005 (meaning you should have received a Statement of the Case)? When did you file your "second NOD?" You cannot file multiply NOD's on one issue. Your second NOD was proabaly understood by the VA as new evidence, and if you didn't send in that new evidence within 60 days of the SOC, then the VA has no choice but to "reopen" your claim and you lost your original effectice date. If you sent in the new evidence within the 60 days of being issued the SOC. The VA must issue a Supplemental Statement of the Case (SSOC) or grant the benefits sought, and you retain your original effective date of the claim.

Regardless of when you sent in the new evidence, the new evidence probably prompted the new C&P exam and the results from that exam revealed a more disabling condition then currently rated. It also probably revealed that you were unable to work due to this condition. So, the VA sent you the IU form to so they can look into the possiblity of granting it.

"For migraines all you need for IU is 50%. How long does it take to receive benefits after you have sent in a IU form"

In order to qualify for IU you need to have one disability rated at 60% or when you have multiply disabilities, one needs to have a 40% rating with the rest bringing you to 70% combined. However, in certain circumstances, if you do not meet the schedular requirements, the VA can still consider IU. This isn't done very often, but I have seen it done a couple of times.

Keep in mind that only your service-connected condition(s) must clearly show that you are unable to follow any sustantial gainful occupation.

Vike 17

[Guest jstacy]

Your question is a good one for this board.

8100 Migraine:

With very frequent completely prostrating and prolonged 50

attacks productive of severe economic inadaptability.........

With characteristic prostrating attacks occurring on an 30

average once a month over last several months................

With characteristic prostrating attacks averaging one in 2 10

months over last several months..............................

With less frequent attacks.................................... 0

Severe economic inadaptability

Does that Qualify for IU? If a Vet has a good case for a 50 percent rating, he can use this against the VA to get IU. After a few Vets are awarded IU for this then watch for the VA to change the wording for Migraines.

ALso have the DOC write a statement that your Migraines are preventing you from work as well as previous employers stating that the migraines effected your past work. Have you filed for SSD benefits as well?

[timetowinarace]

I'd hazard a guess that it's a good sign you'll get the 50% max.

This is what IU is for. By law it isn't possible to be rated higher than 50% for migraines no matter how debilitating they are. My head hurts daily and two or three days a week I literally wish I'd die. So I know 50% is not a reasonable rating and IU needs to be granted in these circumstance.

Mine are post traumatic head injury migraines and not rated seperatly.

[gatz]

I'm sorry if I was not clear here is a time table

May of 2005 NOD was denied because of lack of evidence. Did not even get a QTC

Jan of 2006 filed another NOD

May 31 received a QTC app. everything went well.

July 20th received a IU form. This is the question I never recieved this during a claim before is this a good sign or not.

I've been telling every doctor that I not been able to work due to my migraines for 3yrs.

And if everything is going well how long does it normally take after a QTC exam

[carlie]

gatz,

"I've been telling every doctor that I not been able to work due to my migraines for 3yrs".

This isn't meant to poke a hole in your balloon, but this is only evaluated as patient

history - complaints of etc...

What VA will probably request is medical documentation of completely prostrating and prolonged attacks, any and all medications, statements from employers for

the last few years documenting time taken off being too sick to work due to

your headaches etc...

Good luck,

carlie

[Guest jstacy]

GAtz ther eis no average time. I had a 60 day wait in 2004. I also had one last december and still nothing. It depends I guess on how many other claims you have ongoing. I hope it will be less than 90 days for you.