aws2000

I can't thank everyone enough for their suggestions and helping ease my mind on a decision. I believe there was a lot of VA MH records the DRO didn't look at that contradicts the c&p exam for TDIU especially. Putting the attorney to the side for now, should put the form 9 together myself, or get an IMO first to outline the issues in medical terms? I'm too old for the BVA backlog - so if I go with an IMO are there any recommendations for who to use - or more important who not to use? Just one more clarification please. If I submit form 9 myself pointing to the excluded medical evidence and it's sent to the BVA by the DRO, if I send an IMO while it's pending at the BVA will that speed up the BVA review? Or is it better to have the IMO with the form 9 I will have to send by 12/5/16. Sorry if this is confusing cause I'm confusing myself as I'm writing it. It's just IMO does not gurantee success, but if necessary I will borrow the money to get it done to better pinpoint and explain what the DRO missed?

Hey All, I'm at a point where I have a pretty good appeal to a recent DRO De Novo denial. They clearly didn't take into consideration contradictory relavent VA Physc info - anyhow, that said, I have till 12/5 to file a form 9 for VA BVA appeal, but a VSO person told me with the evidence I have - which the DRO should have had - could have the DRO approve TDIU without it going to BVA. I'm not getting any younger so I want to give this attempt the right shot. Should I use an attorney or would it be better to have an IMO prepared with details of missing medical the VA should have considered that show I am unable to find or maintain employment secondary to PTSD? (2) Sorry, can I get some additional time from the VA to file my form 9 due to seeking an IMO?

Fantastic response - thank you! I will be meeting with my nonVA cardiologist in a week to talk about the issues you have highlighted. He has handled my arrhythmia and hypertension for years, but I have never tied my heart issues to my PTSD. I will also bring info on the IMO/IME. I don't believe it is Ischemic heart disease, but cardiac problems yes. As for contacting the Scheduling Director, my last DRO De Novo review that was denied, also indicated they saw no reason to send the request to the director. Honestly there has been nothing close to: "When the totality of the evidence supports the Veteran's claims or is in relative equipoise, the Veteran prevails on his claim. See Gilbert v. Derwinski, 1 Vet. App. 49 (1990)." To my other question if you could let me know what you think of the filing deadlines? That is, send in the BVA appeal to meet their time frames, and then send in my hypertension issue separately? Semper Fi! ps: thanks for the link to the case file!

Sorry if this question/answer is already posted, but I couldn't find it. I have just received 10/05/26 another DRO De Novo denial for increase in PTSD [currently 50% PTSD 10% other] and approval for TDIU. This has been going on for a decade and the local DRO has blatantly ignored 12 years of therapy and VA psych assessments which counter the one C&P doctor's 40min assessment. But my question is; I have been in contact with a lawyer to represent this appeal to BVA. I'm a Vietnam Vet and at 69 I will be 74 by the time the 5 year BVA backlog gets to it. So I need to do this right. I have recently been informed that Hypertension, which I have has since Vietnam can be secondary to PTSD. I also have heart arrhythmia which I read can also be aggravated by hypertension. I've had 4 TIAs since 2007 and my external cardiologist - who has done extensive work on me for over 5 years - I believe will attest to hypertension secondary to PTSD. And maybe other heart diseases. Finally, my questions is should I continue to file the BVA appeal addressing the 10/05/2016 denial issues? Or, should I not file the appeal and submit my hypertension and heart issues as new claims? The most significant problem I see is that if I don't file the BVA appeal claim now, and wait for the DRO decision on the new issues I might be dead, or clearly out of time to file the BVA appeal. Semper Fi! Art