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IME and Physician conflict of interest

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OldJoe

Question

Instead of continuing a thread that dealt with CUE and beating a dead horse I thought it wise to start a new thread.

In the pursuit trying to fixed my messed up claim I finally have found a physician that does IMEs

Here is how he responded to my email explaining my situation:

<...>

"I read your email. It does sound like you could use some assistance. 

A bit about myself. I do perform IMEs for civilian cases but I am also employed by a company that is contracted by the VA to perform similar disability assessments. I will have to check with my employer to see if your case presents a conflict of interest."
<...>

Of, all the flipping luck!!!

I responded and explained further my situation.

Hopefully he responds soon.

That said, I need any advice possible on what I should do next.  I know this could be a blessing or this could be a curse, I don't know which...

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Yes, that is what I have been learning, that you have to champion your own cause.

It is also the one thing that I keep reading about here and everywhere else.  That even though the VA may have the "duty to assist" that phrase isn't worth the paper it is written on.

Funny thing is that my entire life has one big lesson revolving learning who I can and cannot rely on.

My hardest part so far is, not trying to get too many options out before me before I have given enough time for somethings to complete.  You start something you need to give it a chance or your run the risk of messing things up even worse.

Right now I am in the stage of scrambling to get caught up to where I should be in prep because I didn't know/understand things like the need for your C-file or the importance of getting an IMO/Nexus letter before you even begin.

Not to mention I have to temper my ranting when things go wrong, so people don't get the wrong impression (nobody likes a whiner).

But at the same time I post stuff like this because, to be honest, I admit I may have missed the obvious.  When we get frustrated with the system and want to reach out examine the durability of some VA official's throat structure we tend to overlook some of the most obvious items that would help our case.

So I try to be humble enough to accept all advice from anyone.

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so here's probably the last thing i am going to say about this, VA Ratings are as xxxxxx up as the IRS. you know, do your taxes, and see if you're right, but if you guess wrong you may get fined and going to Prison, harsh system right. especially seeing how anyone who pays Social Security taxes pretty much has all their stuff sent to one place.......the point is, its a system where we literally have to guess if we're doing it right, but at the expense of our FIRST mistakes hurting us. too many of us end up fighting for so long because we do not have the proper tools that sometimes it's our Survivors who end up collected what's owed to us. Seriously, start making phone calls, get a scanner ready to send stuff to lawyers, or blow the dust off the old fax machine. at this point in your case, literally ask a lawyer if he thinks you have a Solid enough case to win a DRO, that is ALREADY scheduled based off your N.O.D. that YOU filed. get yourself to a lawyer, he that works hard gets to play hard.

Good Luck brother, keep us here Updated

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Thanks for the advice.

I have scanned every document I have.  The secretary of one Dr. told me she was surprised at the amount of records I had provided.  She said they normally don't get anywhere near that much.

Right now just trying to get the missing pieces I need to have a rock solid case (IMO/Nexus, C-file, ...)

Sent an email to my senator to see what help I can get from him (it is an election year).

I am just hoping I can get everything together in time.  Like I said my VSO didn't do me any favors by sending off my claim the way he did.

But on the flip side it has forced me to learn a whole lot more than I did 20 years ago when this whole mess was created.  Not that it would have mattered 20 years ago.  I probably would have just now been getting to the end of the appeal process.

Now I know a lot more and will hopefully avoid some of the pit falls that I have seen other fall into while trying to navigate the system.

 

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