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Iu Denied Despite What C&p Doctor Said

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SaintX

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I recently got my rating back and was denied IU. Although the C&P exam Dr. wrote that I was unable to work due to my SCCs. I also sent paperwork from the treating Doctors saying I was unable to perform my duties/job. This rater also decided not to use any of the things the C&P doctor said, because it would have granted me IU. I have filed NOD, but this shows how broken this system is and why there is such a "backlog".

They are so busy trying to deny us. Now I guarantee had that Doc wrote there is no reason he could not work all the information would have been used. Just MHO. Any thoughts?

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'Because I was also denied the 1151, which the C&P doctor and my medical show they caused my RSD/Nerve Damage. They never cease to amaze"

What statement did the C & P doctor make to show support for the 1151 claim?

If the C & P doc supported the 1151 what reason was it denied?

I am a 1151er. You either have to hit them over the head with the evidence- meaning be as persistent as you can be with the medical evidence- or better yet-get an IMO from a real doctor that shows they were negligent and caused you a ratable disability.

1151ers should never be discouraged by a denial but it is almost imperative to get an IMO on these claims these days.

When I won FTCA wrongful death from the VA OGC in DC- and sent the RO the settlement papers etc-they STILL denied the 1151 claim I had filed on the same basis -wrongful death from malpractice.

I couldn't believe they were that stupid so I,called the General COunsel, who in turned called the RO and then the 1151 award letter was in the mail.

When I re opened this claim on an AO disability that was malpracticed on (which I discovered years AFTER the FTCA settlement)causing death basis, I again had to prove additional negligence and malpractice causing death.Due to a misdiagnosed AO condition.My vet rep (former) said I didnt have a chance.

This time I had 3 IMOs.The VA granted the claim.

The VA needs -in most 1151 cases- very strong proof of negligence that usually must come from a doctor.

You can succeed without an IMO as I did on the initial FTCA ,1151 claims but yo will need to get up to their medical level in the filed of the disability and be persistent in making sure they read the medical evidence.

Edited by Berta
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