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cloudcroft
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Posts posted by cloudcroft
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"New" evidence is pretty much self-explanatory and not as hard to come by as "material" evidence. "Material" evidence, unfortunately, is where most vets get it wrong. This puts said vets at a disadvantage because the VA sure knows what "material" evidence is...a vet can't afford to be at a disadvantage; he/she needs to have all the cards in the deck when in a "game" with the VA and ignorance will cost him/her.
"Material" evidence is more than a having "direct bearing" on a claim. Considerably more. To paraphrase the VA's position, it's evidence that were it available at the time of the orginal decision -- which most likely was a denial -- it would have altered the decision, i.e., rendered an outright win or at least put the case in a state of equipoise which would also be a win (the "Benefit of Doubt" doctrine would then apply in the vet's favor = a win).
In practical application, if the original decision was a denial (since one doesn't usually want to reopen a claim he/she has WON, just claims that were denied), the "new and material" evidence would probably have resulted in winning the case either from having a preponderence of the evidence FOR the veteran (vs. a preponderance of the evidence AGAINST the vet which resulted in said denial) or, the "new and material" evidence puts the claim in a state of equipoise.
In short, most vets think new evidence = material evidence. It doesn't.
New evidence is relatively easy to come by because it could be anything "new" even though it's most likely trivial (weak) evidence; material evidence is more difficult as it must be VERY PERSUASIVE to the point of a win or at the very least equalizing the evidence FOR the vet being granted his/her claim vs. the evidence the VA has AGAINST the vet to deny his/her claim.
Without both NEW and MATERIAL evidence -- it must be BOTH -- a case does not meet the requirements for reopening.
-- John D.
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And I'm sure everyone does NOT get what he/she deserves regardless of their persistence...except for those people who live in Perfect.
Like Chapter 61 vets who should get at least SOME of their retired pay at the very least. And SS shouldn't deny someone SS because he/she didn't have enough work credits the last 10 years due to his/her disability preventing him/her from working...victims of the old Catch-22 gotcha.
Yes, life is full of people not getting what they deserve, good or bad.
Buyt it doesn't matter...my point was lots of vets are ONLY TDIU...the lowest monthly income of those who get TDIU and retired pay and SSDI. So if you are one of the latter people, count your blessings.
-- John D.
I am sure everyone gets what they deserve (except fighting for it, I mean if your persistent enough), anyone who gets TDIU should be able to get SSDI.As far as a pension military or otherwise they earned it.
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I don't know, but you might do some research on the Internet to find out, at a website like this one:
...there are other drug sites, too.
If there were such kidney problems with Zoloft, then I don't recall ever being told about them by my shrink when discussing my medications options. She put me on Prozac...I hope there weren't any organ problem side-effects with that drug! Was on flouxitine (Prozac) for about a year, then decided it wasn't doing anything for me because I felt no difference/improvement at all. Told my meds shrink I was going off it. That was almost a year ago.
IMO, the less meds one takes the better it is unless the meds CLEARLY do something for you.
Still, as we get older, the meds may increase for whatever ailments one gets due to age, but I don't want to be a real old guy on 20-30 meds/day like some seniors are...there must be something wrong there, doctors ordering so much medications. So the less meds I am on even NOW still seems the better way to go.
Besides, with psychiatry still being in the Dark Ages (or is it the Bronze Age?), they just guess a lot what a med will do and so they just try one after another on you...like you're a lab rat or something. You'd think that in 2007, psychiatry would be LOTS more certain about things...it isn't. Seems big waste of time/effort/money to go to med school/intern/residency to become a shrink when you're still left with guessing which meds to use.
-- John D.
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I wouldn't be too concerned: Nowadays, it's pretty common to see "men" being provided-for by their wives. B)
And on top of that, I've met some old guys who married nurses just so "She can take care of me" at some point in the future...or even now.
How pathetic these "men" are...but maybe, just a little bit, so are the women who fall for it.
Now, if I can just find a woman vet who ALSO is rated 100% -- she doesn't have to be a nurse (but preferably a "mental case" like me) -- we could do pretty well $$-wise! ;)
-- John D.
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I get the same thing Dataman cited but it (popup) was blocked automatically.
It's probably not a Trojan or virus, just some website/HTML code needing attention.
Lots of AV programs misidentify what's going on and cause annoying false alarms. I dumped one brand of "Internet Security" software partly due to that.
-- John D.
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Well, remember though that lots of vets have TDIU + a company or retired military pension + SS disability...so they are doing much better than those of us with only TDIU.
-- John D.
Hi Pete...Liz here...I would have time to adjust to the change and lower my living standards which are just average at best before I turn 65. I would have to sell my home for sure and just exist. I just can not imagine how vets with a family can just change without stress ...losing so much money. I am alone.. but vets with family members...I can not imagine..
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I think we need someome who has worked or is working as a VA rater or DRO -- like Vike17 -- to spell-out just what the regs are about this and what the VA can and can not do. And what the vet's rights are.
-- John D.
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But if you contest any attempt at a decrease, isn't the VA then unable to reduce you -- i.e., they must keep you (rating and $$-wise) at where you are -- until the issues is taken to court (or whatever) and the issue it decided?
Reducing you on such flimsy "hearsay evidence" surely seems wrong and is probably illegal, even by VA standards.
-- John D.
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Technically though, a vet with 60% or 70% mental disorder is not really 100%, i.e., a mental basket case for lack of a better term, or the VA should just make us 100% schedular and be done with it. As it is now we are rated less than 100 even though being paid at 100.
Sort of a Catch-22 for us "mentals" if you will.
And I don't know about PTSD, but I suspect that a number of "mental" vets rated lower than 100% are working even if not gainfully. And I'd say that a vet rated with Dsythymia, for example, at 60% or 70% COULD work marginally at least and lots of those vets may be doing so to supplement their otherwise TDIU-only income (which prevents these vets from living in areas of this country which have a high COL factor, such as Northern VA or anywhere near Washington DC due to outrageously high apartment rental/home costs, etc.).
I think most of don't want to risk being reduced so we do not try to work even if only marginally, even though apparently the VA regs allow it...and even though those of us not on SS and/or military retired pay (because we're Chapter 61 vets) like lots of other TDIU vets are, sure could find use for an extra $800/month (or whatever the exact amount is under the allowable threshold).
-- John D.
P.S. Where is the VA reg that excudes a 100% vet rated TDIU mental from working as opposed to a vet rated 100% physical? Or is this just logic working and not any reg? If it's just logic, then a 100% mental vet is NOT legally precluded from working if the regs do not actually prohibit it.
At the very least then, I suppose that more TDIU "mental" vets schedularly rated at less than 100% shouldn't fear working marginally...and making that $800/month.
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Terry,
Yes, working marginally will not harm your chances of GETTING TDIU...as I have been stating for some time now but still get flack from most vets (even the "experts") saying that you can't be working AT ALL to get TDIU...but they're just wrong. I also was a "working" vet when I applied.
Most vets, however, who DO get TDIU are then afraid to work AT ALL because the general concensus on various vet forums is that if the VA finds out -- or you tell them because you want to be forthcoming about it -- you will be reevaluated and possibly lose your 100%/TDIU status.
Your case shows (at least in YOUR particular case that is) that you can make "all that money" while applying for TDIU and as well, even after getting TDIU, you CAN work and make $725/month and still be "safe" re: keeping your 100%/TDIU status.
This is good news for TDIU vets who are afraid to work AT ALL for fear of Big Brother VA...unless once again, 100%/TDIU "mental" vets are not included/expected/allowed to work even though marginally.
-- John D.
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Just for the record here (Hadit archives) I wanted to post this item...maybe reading it will educate lots of us re: what can happen sometimes with the VA. I just came across this web page with a LONG article on what happend to a vet (a former singer/member of "Spanky and Our Gang" from the 1960s).
As cited from Spanky and Our Gang's website:
"The site [see link below] also contains a "VA Horror Story," that recounts the sad way Oz was treated in his final months on earth by the U.S. Government Veterans Administration hospital system. It would certainly seem our government could have done better by both a veteran and individual who creatively gave so much to his country."
http://www.spankyandourgang.com/ozbach/vastory.html
It's about the Asheville North Carolina VAMC, as it was around 1996.
Hope they have gotten better by now...
-- John D.
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I'm afraid they're ALL like that. Same thing happened to me with 3 different law firms. All they care about is making money for themselves -- and not working too hard to do it -- so you (and the rest of us) are just pawns towards that end.
In short, they couldn't care less about keeping us informed, as they tick away your statute-of-limitations time doing nothing, and then make it seem like it's YOUR fault -- like you're bothering them big-time and being highly unreasonable -- for trying to find anything out. I just got rid of the lazy/rude/inconsiderate bums and continued on by myself. No more lawyers for me for ANYTHING ever again.
Good luck with YOUR sleaze lawyers,
-- John D.
Guys, I have a very unique situation. I have a team of Lawyers out of Washington, DC that refuse to take my calls or return same. Our contract in part states that ;"Attorneys shall take reasonable steps to keep client informed of progress and to respond to Client's inquiries". While I realize I could terminate our contract for breach, I am reluctannt at this stage since the appeal/claim is at the VARO for readjudication after having been to the BVA, AMC, and United States Court of Appeals for Veterans Appeals.HOW DO I GET THEIR ATTENTION?
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In a parallel universe, you ARE working and 100% healthy.
;)
-- John D.
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"Or can I download forms online and put in a claim that way?"
Yes, you can.
And considering how far you are away from a VA Benefits office where the VA reps could type-out the form for you and submit it, doing it yourself long-distance seems best, partly because you need to do it NOW to get the EED you can...no further delay.
The problem with downloading the form, filling it out and mailing it in snail-mail is that unlike a visit to a VA benefits office (usually located at your local VAMC), you can't get a date-stamped copy proving you submitted the claims form...you just mail it in via the USPS and hope it gets there. With the USPS getting more sloppy even though they continue to increase postage rates, and, with the VA often "losing" documents, you need to be sure they got it.
One way another poster said to do it is FAX your forms/documents in to VARO instead of mailing it...this way you have the original form as well as a "fax sent" confirmation page you can show the VA if they come back later and say they never got it.
If you have a fax machine and phone line, it'll be easy to fax it in to your VARO, but if not, use your computer/scanner/fax program to fax it or use an Internet faxing service.
I believe faxing is the best way since you have a record of all your faxes to VARO (unless your computer crashes so make backups of all your records). I think it's okay to fax forms even though that means the VA does not have the original signed document itself, but Im not sure since I always took my originals in to the local VAMC to submit it in-person and get date-stamped copies for my records.
Good luck,
-- John D.
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It may be due to what lots of vets encounter in the VA system: One VA doctor does not care to go against/contradict what some other VA doctor says...you know, stepping on a fellow doctor's toes as it were.
IMO, it has nothing to do with a case being "open" because if it did, then how could a vet send in any more/new evidence during an open claims case if it weren't allowed? You need to send whatever helpful evidence comes up during the claims process whenever you get it...and you can...there's no regulation preventing that. And a case that is "closed" means a decision has been made...so how is your new evidence -- in this case a statement from the Ph.D. -- going to help you THEN when you had it to submit BEFORE the decision was made but couldn't because the case was "open"? It doesn't make any sense.
I think it's simply because the VA Psychologist does not want to make waves with the VA Psychiatrist. It would be "improper" only in the sense that "in-house rules" are not to cause discord within the "team" so they tend to cover each other.
AFAIK, there is no legal reason why one VA doctor can't contradict another VA doctor...it's probably the peer pressure thing going on. It would take some guts for a doctor to buck the system, too, and I think few VA docs probably have that. So they just don't want to rock the boat.
JMO,
-- John D.
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Gary,
Yes, send it in IMMEDIATELY if not sooner! :)
IIRC, it is only when your case gets to the CVA level does your claim become "sealed" and no more evidence is allowed...you're not there yet so send the doctor's opinion/statement in ASAP.
[Of course, be sure to make copies of that important document for your records in case the VA "loses" it as they are prone to do on occasion]
Good luck,
-- John D.
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USArmy98J,
Quoting from the repost...."I believe his symptoms are moderate and have persisted for a number of years. I did not find evidence that depression in and of itself precluded employment. The veteran did report some social isolation. I did not find evidence that depression precluded activities of daily living. I do believe the veteran's depression is secondary to his back problems."
That statement will hurt your TDIU chances big time...and the VA will probably cite it in their denial letter.
-- John D.
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Well, I have to say here that it still is COMMON PRACTICE for the VA to simply ignore any TDIU claim -- actually, I mean they DENY it -- if you do not meet the schedular requirements as stated in §4.16 part a...but they don't COME OUT AND TELL YOU it's because you don't meet the minimum schedular requirements...so you end up thinking your TDIU case is weak on evidence. It may well NOT be weak, but the VA doesn't tell you THAT in their denial letters.
I can tell you FOR SURE that in MY case this denial (and why it was denied) was rendered each time I applied for TDIU UNTIL I reached 70& (I went from 50% to 70%...there was no 60% possible). After this was accomplished, I got TDIU soon afterwards pretty quickly. But as I said, I was REGULARLY DENIED when I was only at 50%.
Now according to the VA regs it certainly is possible NOT to meet said minimum schedular requirements and still get TDIU (see §4.16 part b as cited below) but this is the RARE EXCEPTION and not the rule. Chances are EXTREMELY SLIM that "Director, Compensation and Pension Service," will step in grant TDIU. Ask the current/past VA employees (experts) here on Hadit or over at the VBN forum how many of THESE "extra-schedular" TDIU claims they have EVER seen granted. Almost zero.
So let's not be too hard on people -- whether they be other vets, VSOs or VA benefits reps -- saying TDIU claims need to meet the schedular minimum requirements. That's pretty much the reality of TDIU and expecting to get TDIU "extra-schedular" is a defnnite long shot at the very best. You may have a better chance of seeing a Unicorn in your front yard, getting bit by a shark in your bathtub or being abducted by aliens. Okay, that last one is more possible.
The simple reason may be that if one's SC disabilities are THAT BAD to prevent gainful employment (not to be confused with marginal employment) then there should be a high disability rating already. Now that's just my logic, but it may be the VA's, too. I mean, all of a sudden some vet becomes "unemployable" with no SC rating % in his/her records, or a low % rating? Where is the progression of worsening of the disability in the medical record? It didn't happen overnight, did it? This is one big reason for filing a claim for a rating increase when you think your disability has worsened.
So, I am just saying that the VA SURE DOES apply §4.16 part a, and RARELY applies §4.16 part b, which has lots of dust on it as it sits there undisturbed.
I can relate to this rarity myself because I was working and still was able to get TDIU. Even though it was marginal employment, people here on ths forum and even lots more over at the VBN forum constantly told others (and me) that "You can't get TDIU if you are working," and that "If you did, it is so rare it almost never happens." Even the "experts" told me that, not just other vets posting there, but I got TDIU anyway...wasn't easy though and took me 4 years. So I am kind of a rare animal myself here and likewise, so is any vet who gets TDIU "extra-schedularly," according to the experts (who are usually current/former VA employees, i.e., I'm talking about current or former VA rating officers, DROs, etc.).
Were it I and I didn't meet the minimum schedular requirements for TDIU, I'd progress in two phases: (Phase I) get my SC-ed disability responsible for my unemployability RAISED to AT LEAST meet the minimum schedular requirements, and (Phase II) then go for TDIU if the VA does not automatically consider TDIU as they are supposed to. In my case I submitted form VA 21-8940 at the very beginning so the VA was very clear re: my intentions...but I still had to get my rating % raised higher than 50% because I kept getting denied, and only then was I considered for TDIU. That's just how it is.
I am not trying to discourage anyone here, I'm just stating the RARITY of extra-schedular TDIU awards. But as Berta says, if a vet wants to try for "extra-schedular" TDIU, and he/she has a good case (I mean a knock-out/slam-dunk...no "borderline" stuff here), then go for it, but be prepared for denials from the get-go.
-- John D.
§4.16 Total disability ratings for compensation based on unemployability of the individual.
§4.16 part a.
Total disability ratings for compensation
may be assigned, where the
schedular rating is less than total,
when the disabled person is, in the
judgment of the rating agency, unable
to secure or follow a substantially
gainful occupation as a result of service-
connected disabilities: Provided
That, if there is only one such disability,
this disability shall be ratable
at 60 percent or more, and that, if there
are two or more disabilities, there shall
be at least one disability ratable at 40
percent or more, and sufficient additional
disability to bring the combined
rating to 70 percent or more. For the
above purpose of one 60 percent disability,
or one 40 percent disability in
combination...(snip)
§4.16 part b.
It is the established policy of the
Department of Veterans Affairs that
all veterans who are unable to secure
and follow a substantially gainful occupation
by reason of service-connected
disabilities shall be rated totally disabled.
Therefore, rating boards should
submit to the Director, Compensation
and Pension Service, for extra-schedular
consideration all cases of veterans
who are unemployable by reason of
service-connected disabilities, but who
fail to meet the percentage standards
set forth in paragraph (a) of this section.
The rating board will include a
full statement as to the veteran’s service-
connected disabilities, employment
history, educational and vocational attainment
and all other factors having a
bearing on the issue.
EDIT: I had to write-in "part b" to avoid using "b" alone followed by a parenthesis which results in a cool, hat-wearing smiley face. Not cool.
-- John D.
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Sandra,
The VA sure IS slow in responding, but that probably is due to it being overwhelmed with claims (but frankly, I do not recall a time when the VA was NOT overwhelmed) rather than any deliberate effort or "corporate policy" to slow things down or screw vets out of $$. I guess.
But then again, I will have to admit that sometimes it SURE DOES seem to be about saving money -- as if there was some unwritten order/memo given from higher up -- so saved $$ can be thrown away/wasted elsewhere in the world or on political pork projects rather than on American veterans where it belongs...or maybe that's just the bit of paranoia I am told I have when I say such things.
Still, the controversey continues re: what's REALLY going on within the VA -- in the absence of any "smoking gun" memo -- but I think that MOST of the slowness of the VA is due to being overwhelmed because of not having enough staff to process the ever-increasing number of claims.
The point is, be prepared for the long-haul and slow-going because it's the rule rather than the exception.
"Endeavor to persevere." (The Outlaw Josey Wales, 1976)
-- John D.
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I don't see how that could possibly hurt you, only HELP you. As you say, in your case the VA seems not to have read/applied their own regs...so do it.
That's what I did...and I suspect that's a small but still contributing part of my own "success story."
Basically, I submitted whatever I thought helped my case such as a few Statement in Support of Claim forms either arguing my case or pointing out errors I felt the C&P docs made, etc., citing a VA reg or two and any appropriate CVA decisions relating to my case. BVA decisions are not in the same class (not legal precedent) but still, I researched BVA cases similar to mine to see the way the BVA thought and decided partly because I suspected I might end up there. I did. But some vets cite the BVA, too...this may let the VA know how YOUR claim may go when/if it gets that far...and decied it properly so it does NOT go to the BVA.
In short, submit whatever you think will help your case -- regs included -- to BE SURE the VA is made aware of them and/or are using them in your case, and, your bringing it to the VA's attention is there in the written record in case you need that proof later on if it goes to the BVA level...that the VA still disregards their own regs.
Good luck,
-- John D.
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Yes you can, and if IBS is considered presumptive (and the therefore SCed) in your particular case, the VA definitely erred in its decision to deny you SC because IBS doesn't HAVE to be in your service records back then. You have it NOW and it IS considered presumptive (assuming you are right about that...I am a RVN vet and am only somewhat aware of what ailments are presumptive for us RVN vets).
So ask for a Reconsideration and point out the error. Cite where IBS is considered presumptive for GW1 service vets.
You've nothing to lose with a Reconsideration but something to gain: Being SCed for IBS.
As you note, if they AGAIN deny you SC, then you can and SHOULD go the NOD route...and/or ask for a De Novo DRO review.
Good luck,
-- John D.
Can you ask for a reconsideration without new evidence? The claim that I had denied this week was one for IBS. In an earlier post I was having problems with another vets claim for IBS now mine. I served in Saudia Arabia and Kuwait during GW1 and IBS is presumptive.My original claim asked for SC on a presumptive bases. My C/P doc stated that my IBS was due to an unknown cause. The rating denied the claim on the basis that no record of the IBS was found in the SMR's. No joke my little VA buddies. You are right it ain't in there cause it did not exist during my active service. They simply blew off my request for presumptive service connection.
I would like to point this out to them and ask that they simply follow the regulations. If they do then SC for the IBS is a definite.
If reconsideration is out of the question then I guess I will start the long hard road known as NOD.
Thanks
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Be advised that the DAV doesn't "sign off" on anything, as they have zero authority within the VA...that was probably just a courtesy call to the DAV (or the DAV calling the VA) to let them know what your results were since I assume they are your VSO.
And of course, you are not officially awarded anything, regardless of anything verbal you hear, until you get official notice from the VA via snail-mail.
Good luck,
-- John D.
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Cherie0310,
Most of us, when we entered the VA Disability Claims process, were not aware of how LONG the claims process can be...it seems you also may think that things will be done sooner than later and I need to tell you now that re: the VA, LATER is the rule and SOONER is the exception.
As I have stated here before, when I began my own claim I was told to expect a 3-5 year process and be prepared mentally/emotionally to stick it out for this lengthy period of mostly WAITING (and not give up)...that was excellent advice. My case, taken to a successful conclusion, took exactly 4 years.
I'm not talking about winning your claim right up front, first decision rendered (to your satisfaction, being happy with the decision whatever it is and whatever % rating you get)...that doesn't take too long at all -- maybe a year at most and 4 months at best from what I've read other vets saying -- but if you have a complicated case, a borderline case (evidence is pretty much in "relative equipoise" and such cases usually get denied) or you get denied even if you have a GOOD case, that's where the "marathon" comes in and you MUST be prepared to run it.
I'm talking about (not necessarily in order) your first claim going in and waiting for a decision on it, waiting for a C&P appointment (if that happens), getting a denial (if that happens, which often it does), then filing a NOD and waiting for that to process, getting another denial (if that happens) and then asking for a DRO De Novo Reconsideration (if you choose this option), getting denied, another NOD and then maybe another C&P, then going for an Appeal at the BVA, and if that doesn't go your way then going to the CVA (if you go this far, you are definitely looking at closer to a 5 year process (or more) until it's all over). And also during this process, paying out of your own pocket and taking the time/effort to find and schedule a visit to a civilian (outside) doctor for an IMO (which can be expensive) if you think it is needed to counter a VA doctor's opinion that hurts your case.
All this does not happen quickly.
So if the WHOLE process is considered, it can take YEARS...that's just how it is and you have to be prepared for this possibly LONG wait. IMO, it's better to be prepared for a long-haul and it actually takes LESS time than be frustrated/angry when you look for quick results and they don't happen as the months and even years go by.
In the meantime, do not count on anything positive happening from the VA at all (be on the safe side)...live your lives (you and your husband) however you need to right now to keep the bills paid, keep your relationship healthy, look for better jobs if you need the $$, and so on...just wait it out with the VA. You've done the right thing NOW by starting (maybe you could have started earlier but that's water under the bridge presently) but you don't have any control on how long the VA will take and will just have to become an expert at WAITING.
Remember though -- and this was great consolation to me all those years *I* waited -- that if you WIN at the end, no mater HOW LONG it takes, any compensation award is like money in the bank for you because each month you are waiting for a decision, and you eventually win your case, the money (whatever rating % they eventually assign) is building up in your "virtual bank account" each month, so you're not losing any money as the months go by...it's just that you don't get to have it NOW. But your retro check later could be substantial. Mine was after 4 years.
That is the safer way to do it...expect nothing from the VA (i.e., a win and subsequent compensation checks each month) and just go on with your life putting nothing on hold, but DO persevere with your claim(s) and let them sit on the stove as if it/they were just simmering away. The VA moves slowly, partly due to a HUGE backload of claims especially now with all the Iraq vets if for no other reason, so it definitely IS a waiting game. It's as though the VA is a huge (and constipated) alien organism of some kind and our claims are moving through it's also huge digestive system VERY SLOWLY. There is no known laxative for this beast.
So be sure to fill out appropriate forms, submit them promptly, send in any additional evidence, and all along the process, have a Plan B and Plan C (etc.) re: what you will do NEXT with the VA if they do this or that at any given step of the process...it is always good to have options planned out ahead of time because it not only makes you feel like you're on top of the process but also when the VA throws you a curve ball, you are not saying something like, "Wow. What do I do next? I'm stunned and lost right now" but rather something like, "Okay, I thought that MIGHT happen, now I go to Plan B on this" and you don't miss a beat continuing with the process or get psychologically down too much.
So the bottom line is if you have a good case, plan to stick it out no matter how long it takes.
Good luck,
-- John D.
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Berta,
She still could have been his CL wife...maybe he just didn't want her to get anything out of spite or something. And I know guys who won't admit they DO have a CL wife. Who really knows how their relationship was. Also, I suppose proving a CL situation wouldn't be easy since there is no marriage license, etc..
So if she WAS his CL wife, I hope she doesn't give up...the VA frequently errs in LOTS of its decisions...we all here know that.
-- John D.
What Exactly Is "new And Material Evidence"
in VA Disability Claims Research
Posted · Edited by cloudcroft
Not if it's vague, indecisive, or is not complete re: a clear rationale for said IMO. IMOs have to be written according to VA standards and most civilian doctors need to be made aware of this by the vets asking for an IMO. The VA examinations forms/guidelines available should be shown to the civilian doctor to be sure everything is done as per VA expectations.
-- John D.