MarkInTexas

Asknod, If additional new and material medical evidence is sent to the VA after the SOC is issued, does the VA acknowledge that the review process has begun anew? Or does it sit shelved until somebody pulls it down to start prepping it for the BVA appeal, and then new evidence gets noted? I'm not sure how that works. Thanks! Mark

Flores, I would call his office and check. They can probably let you know immediately. I know they do quite a bit there at the office, and they easily handled what needed to be done with me by way of a medical physical examination and records review. However, I believe they mention some things on their website that prior testing needs to be done before seeking an IME/IMO from his office, like sleep apnea and hearing exams. Not sure on colonoscopies though. That might take a specialist, and then you can submit those records to the Ellis Clinic, as well as any others for the IME/IMO. The $500 covered everything for me in my case, and that was for multiple conditions. They also take debit/credit cards btw. Good luck and keep on fighting! Mark

It's a great price, and they did a pretty extensive medical examination, interview and records review on me. I mentioned this earlier, but there's a Fairfield Inn & Suites hotel a block or two from his office, literally walking distance, that will give you a discount if you tell them you are there for an appointment with Dr. Ellis. They handle a lot of veterans, but treat you like a human being when they speak to you on the phone, e-mail or examine you. I like that about them. Now that being said, the Veterans Evaluation Services nurse practitioner, and the Houston VARO rater double teamed me (I know they didn't really, but it makes for a little humor in all of this.), and still denied some of my conditions, and lowballed me on another, citing old records in my file that weren't even mine. Now that being said, the VA (Mr. Ted Ebert) this month, advised that they located and purged the old erroneous records from my file, and in my downtime I obtained an IMO from Dr. David Anaise, MD, JD to help bolster Dr. Ellis's IME/IMO and the IMO from my oncologist. I've asked the VA to conduct a review based upon the new evidence from Dr. Anaise, as well as the admission by, and the removal of, the erroneous records by the VA. (He did say that it is impossible for the VA to redact the citation of these records in my C&P examination report, as well as in the Statement of the Case and the DRO Decision, but that a note was placed in my "file" regarding their existence and removal.) Back on the track of this thread though, I'm still standing by to stand by, but will update with any new information regarding the effectiveness of Dr. Ellis' IME/IMO when I get word. However, it did successfully help get me service me service connection for my back though. Have a great weekend! Mark

Here's an update. I contracted Dr. Anaise's services for an IMO at the end of November, 2015. This was all during the holiday season, so I expected a little extra time, and received the final product in the mail on January 7, 2016. He and his office contacted me multiple times via telephone and e-mail until the whole process was done. The only hardcopy work I had to do was to mail him a personal check. (I think he also does wire transfers of some sort, but no credit/debit cards). The cost was $2K for multiple and complex conditions, and the final IMO (I think it was actually titled Independent Medical Expert Opinion) was 90 pages. They also send you a PDF file to make it easier to submit to the VA via eBenefits or fax to the Evidence Intake Center. He goes straight to the point, and tells you right off the bat what he thinks will fly and what won't. Also, you pretty much have the encouraged option of sending your C-File, etc. via e-mails to his office, which I loved. It's a lot handier and cheaper to send off a bunch of PDF's in multiple e-mails than mailing off a "mondo-box" full of records in the mail or FedEx/UPS. I submitted this IMO as new and material evidence on January 11th, so we'll see how it works out. I don't have any other information regarding how effective his IMO will be, but I hope it will help carry the ball over the line with the IME/IMO's I already obtained from Dr. Ellis at the Ellis Clinic and my personal oncologist. I'll keep y'all posted on the effectiveness of his IMO's when I get word back. I will say that his office, as well as the Ellis Clinic, have been professional and courteous, and take pride in their work. Have a great weekend! Mark

In the IME/IMO's that I have obtained, I had to pay up front. When you think about it, you are going to a doctor for a condition that you want verified. Not much different than if you go to your local primary care physician down the street. He/She expects to be paid, and isn't structured like a law office to get a portion of a claim. I read where an IMO had several errors in it, and that the errors were only noted after they were already sent to the VA. Always check, then double check, any information before sending it to the VA, and especially something obtained from another source like a doctor. They are human beings like us all, and see a ton of documents with names, conditions, VA File numbers, DOB's etc, and could easily make an error here or there. I ran into it before myself, but contacted the IMO provider and had them make corrections prior to sending a copy to the VA. Just a thought. Mark

Buck's right. Got to a private audiologist for an IME/IMO. You can get one pretty cheap if you shop around. I found one for $40 here in East Texas, and she helped me get the 10% Tinnitus and 0% Hearing Loss, Left Ear. Also, like Buck said, your MOS is a key, and depending on what it is, may help greatly in getting a rating. Mark

Ditto on the IME/IMO audio examination. You can get those relatively cheap in some areas. In my own little part of Texas, I found one that did the whole thing for $40. It trumped the VA's "ain't gonna do it card" and pushed them into scheduling a C&P for tinnitus and hearing loss. Came away with a 10% on the Tinnitus and 0% Hearing Loss, (but still service-connected) on the left ear. Good luck! Mark

I love this part...........signed by Latko, Joanne H PA......then co-signed by Latko, Joanne H PA on the same date...... It looks like Physicians Assistant Joanne Latko thinks so much of herself and her abilities, that she feels qualified to co-sign her own work. Would be great if people could get loans by co-signing for themselves.....or better still, if you would write your own buddy letter, then co-sign it that you were with yourself and know the events to be true........If the VA were a private industry, they would have filed bankruptcy long ago, then what was left of them would have been liquidated and bought by the Chinese...... Keep up the fight! /es/ JOANNE H PA LATKO PA-C ORTHO Signed: 01/10/2015 12:30 Date/Time: 10 Jan 2015 @ 0900 Note Title: C&P ORTHO SPINE Location: EDWARD J. HINES JR. HOSPITAL Signed By: LATKO,JOANNE H PA CONFIDENTIAL Page 33 of 161 Co-signed By: LATKO,JOANNE H PA Date/Time Signed: 10 Jan 2015 @

Never used him before, but from what I see on his website, there is definite potential for him to be a good IME/IMO contact. Mark

Amen! You made me laugh though. Thanks! Mark

Thanks, Buck! I found this part interesting: "However, the Regional Office cannot physically send the claims file to BVA until all pending NODs and all pending claims have been decided. There can be no appeal issues pending before the Regional Office at the time the claims file is sent to BVA; otherwise, BVA will issue a Remand instructing the Regional Office to issue an SOC on any pending appeals." And this one, "Effective February 2, 2013, Section 501 (Automatic waiver of agency of original jurisdiction review of new evidence) of Public Law 112-154 took effect. This change in law established an automatic waiver of Regional Office (agency of original jurisdiction) review of evidence received after receipt of the substantive appeal. The evidence is subject to initial review by BVA unless the appellant specifically requests, in writing, initial review by the Regional Office." I didn't realize either. I have a Form 9 filed on denials, and a NOD on an increase on a separate issue. If I am reading the first paragraph correctly, the VARO holds all until all NOD's have been resolved. Then on the second paragraph, if a SOC has been issued, and I submit N&M Evidence, then I must inform the VARO in writing that I want an initial review at the RO while everything is still in purgatory. Learned a lot throughout the article, and although it looks like it was written in 2013, I can only imagine things have gotten worse. Thanks! Mark

Buck, To be honest, I was under the impression that the Evidence Intake Centers were where the VA was now doing all digitizing. I'm still paranoid and send it out multiple ways though, just in case. Mark

Paul, So let me get this straight. It's "better" if the VA says that a condition existed prior to service? So what happens if the VA has the wrong records and alleges that a condition pre-existed service, when actually it did not? I had this happen on a couple of conditions, and am still swimming upstream. I now wonder if I shouldn't have shouted about the records being wrong, and just laid back and coasted along the stream. The VA has yet to acknowledge that the records are not mine, so now I'm just wondering if I should have just kept my mouth shut and alleged that the conditions were "worsened" by military service. Sigh. Mark

Paul, Well, how did you do? Any word yet? How much probative value did they give to Dr. Anaise's IMO? Hope it went well! Mark

Oats, you mentioned you used a nexus IMO from Dr. David Anaise? How much probative value did the VA give when they awarded your claim? Did they mention it in the narrative as a basis for the award? Congratulations! Mark

Thanks! Have a great week! Mark

Is his e-mail address the typical ted.ebert@va.gov? Or is there some other way of contacting him? Mark

Depends on what he checked in the other boxes. Have you seen the whole report yet? Good luck! Mark

Evidence Intake Center. I send it certified U.S. Mail and fax it, and then shoot it at them via eBenefits. Never hurts to be safe. Good luck and Happy Veterans Day! Mark

Glad you found some information on her! I truly believe that the VA literally hates the Internet and its potential to help Veterans. Keep up the fight! Mark

I agree with Bronco......who is Ted Ebert, and why does he sound like every other VA employee? Mark

Buck's right. NPRC in St. Louis is a great place to start for any examinations or treatment done while in service, and it's free. You never know when you may need those records. Good luck! Mark

If you have the examiner's name, do a little Internet digging and find out their curriculum vitae....might be helpful later on if you file an appeal and need to compare their experience to your own IME/IMO doctor, especially if they are just a nurse practitioner or physician's assistant. Just a thought. Good luck! Mark

Congratulations! Mark

Congratulations! Mark