AgentOrangeWife

IMO isn't needed anymore - he just looked at ebennies and he is now rated properly at 100%! Thanks to everyone here for all the support. It is so nice to have this resolved. We will add more info as soon as we receive the letter.

Berta- Just got a quote from your favorite IMO doctor but it is completely unaffordable. Will go to plan b now.

Even funnier is that there was no treadmill involved. It was a non-exercise stress test with an injection instead of treadmill/bike. Just a little detail but look at how the addenda gets hijacked by "treadmill".

I think you misunderstood what I meant by IME- An IME (Independent Medial Exam or evaluation) follows the criteria for IMOs/IMEs at hadit and is performed by a Non VA doctor with expertise in the field of disability. I searched hadit for "IME criteria" and came up with 134 hits so I'm attaching the exam/treatment notes with medical orders from the private doctor who is a known expert witness, has 8 years history with veteran, directs the local cath lab: exam with medical orders.pdf ===== What you attached is not an IME.So no potential CUE basis there. What about here: Is this a proper form and verbage for a cue..pdf

OMG there are 2 of them in cahoots on this?! No signature etc etc - not a very probative addendum (in my humble opinion). I'm almost certain that this would get tossed if a reasonable mind had to consider it as legal evidence.

I can't tell if it was one doctor or two who wrote it. The commentary was part of the "opinion". I only typed the title and changed the dr name. Seriously.

Check out this "medical opinion" by a VA M.D. for another comical read. Medical Opinion.docx Conflicts itself.

At this point I feel like I should and I'm not a Veteran. Honestly, I'm just really grateful that this rater is behind a desk and not in charge of the nuclear codes or covering anyone's back. Ya know? I want to be on the citizen's committee that approves bonuses for raters.....

Berta and I need to take a class in prescience. For the record, if you got a 10>100<60% in one rating, what you have is an increase from 10 to 100 as a temporary rating and then 60 as a permanent (for now) rating. That is, technically, a Fenderson Staged rating but not quite. A true Fenderson would be a retroactive grant either via a CUE correction or a 3.156(c) decision. This would generate a gradual increase over a number of years based on available medrecs from the contemporary time involved. Any time you see a 10 go to 100 and back to 60% with no proposed reduction is due to a filing you sent in. Did you ask for an increase due to a surgery? No, he asked for an increase because he was deteriorating. The increase was prompted due to METs. VA found a low METs report in the original claim file. VA said "apply for an increase for heart" in a denial letter for.....an increase for heart. I am not kidding. This first scan is the denial letter for a new claim of apnea and an increase in heart (from 10% award on original claim). THis is not the original claim this is a subsequent claim decision. They did not refer to the portion of the claim that was for a heart increase but I think it's important to note that it was part of the claim that was not acknowledged in the decision letter that follows. apply for heart increase.pdf ===== Temporary total 100% schedulars are handed out, on average, for 3 months- maybe six if the injury is slow in healing. The follow on rating you perceive as a reduction from 100 to 60% is based on the residual medical evidence of disability. A proposal to reduce always allows a 60-day window for response. No proposal to reduce would ever be preceeded by a temp. total increase to 100%. This next scan shows the 10-100-60 decision. There is no 60-day notice but does it matter? 10to100to60 decision letter.pdf ===== There is no "reconsideration" mode or form. VSOs claim there is but all they do is refile for the reconsideration on a 526 and begin a new claim. You lose your earlier filing date this way. Within 30 days of Dec 10-100-60 letter, he filed a reconsideration and it appeared on ebenefits as a new claim. It was denied. They said "if you don't like it file a NOD". We joke about this, but Hubby had another heart attack one week before the denial of the reconsideration letter was printed. We claimed it, and they merged that into the earlier dated reconsideration request. Somehow this is going to snafu but currently it's in the decision phase. As soon as they make the decision, we will file more paperwork. ===== Do we have to file all the CUE issues at the same time? Is this form the correct way to format a cue: Is this a proper form and verbage for a cue..pdf I would either fax it or take it to the VSO for uploading since I won't have an open claim and can't upload it onto ebennies. ===== This is going to be interesting. I know there are CUE's and an NOD lurking in these claims. I just have to lay it all out and decide how to build the NOD and write the CUE's properly so that they are a good foundation for the NOD. What a pain. This guy has 20-years of heart history, multiple MI's etc etc. A/O service-connected already. Less than 5 years rated. Thanks for the advice.

Need an elder to chime in here.

I realize after reading your helpful replies that I really know-almost-nothing about the advanced post-decision and appeal process. I'm still at the CUE level and am carefully watching the NOD clock. This claim has so many CUE's that it would surely get remanded. I honestly think the rater was pissed at me because it is was such a sloppy decision. I will keep your info in mind to help with planning CUE's with the appeal in mind. There should be a community college degree program: you know - maybe even a "BS" in VA Claims Advocacy. (my sense of humor).