Supply Guy

I was out for 26 years with 10% disability before two vets talked me into trying for more. Fast forward 6 years later I’m at 90% and have an appeal on remand. I’m using my supply mantra from the Army of never say die with the VA and disabilities now.

I have the new black one too. It rocks compared to the one I mailed back

I recommend you file an appeal and say the evidence is in equipoise with your IMO letters vs the VA. They have to give the benefit of doubt to the veteran. I won my lumbar spine secondary to my knee appeal that way.

I have had IMO rejected by the VA twice, once in 2017 for my back and this month for GERD, Hiatal Hernia, and Gastritis. In my case all roads lead back to the original VA doctor that performed my C&P exams to make a “judgement” call on my private doctors letter. Both rejected it and upheld their denial of disabilities. I won the appeal for my back because the evidence was in equipoise. And just submitted another appeal arguing the same thing for the other conditions. They have to give the benefit of doubt to the veteran. There is case law on this. A BVA judge will approve an appeal based on that.

The appeals system and process seem to be faster. But they have the same old crappy people looking at claims and denying them

So, it’s like ground hogs day 4 years later for a disability. In 2016, I filed a claim for my lumbar spine secondary to my knee. Claim was denied, did a NOD with an IMO, claim denied. Submitted appeal and won because my IMO cancelled out the VA providers opinion. Now, in Nov 2019 I filed a claim for Gerd, Hiatal Hernia, and Gastritis secondary to OSA caused by a TBI. Claim denied, supplemental claim with IMO, denied. I just submitted an appeal today. So; what do the two denials for the second time with an IMO have in common? In both cases they went back to the VA provider who denied to original claim. I think it’s unfortunate VA providers dig their heels in when their weak medical opinion is contradicted by a private physician. I’ve read hundreds of appeals and the IMO almost always trumps a VA provider. Has anyone else had this pattern happen to them?

Great info from everyone. That’s why I always look on Hadit before submitting any VA claim stuff. I’m started at 10% rating for 26 years then some vets at work talked me into submitting claims for an increase. I’m at 80% now :). I fired my VSO and have been doing it everything myself for the past 3 years. I am hoping this supplemental claim will take me up to 90%.

So I filed a supplemental claim via fax in 8 May. It just showed up on VA.Gov last week and the status is: we don’t know your status” Lol. If that isn’t weird enough. I claimed GERD, hiatal hernia, and gastritis. What's listed as disabilities are: Stomach hernia and Giant hypertrophic gastritis. Anyone ever have that weird status before? I’ve seen some people say it was that status until the claim closed. And has the VA ever changed your disabilities?

Update: there was a Request 2 to VAMC on my claim. I called the C&P scheduler to be proactive and she told me the VSR was asking for an opinion on TBI increase, hiatal hernia, and sleep apnea. She said she had to talk to her boss about how to staff the exams. Then I saw request 2 completed and the claim is back preparation for decision. Sounds like the VAMC just provided a medical opinion and felt they did not need to see me again. Pretty sure this is a denial. Who knows though lol. I just won an appeal for my back which took almost exactly 3 years.

I went to C&P exams for sleep apnea, GERD, erectile dysfunction secondary to service connected TBI with sleep paralysis and also for an increase to the TBI/Sleep paralysis. It was suppose to be a 4 hour block of time and the VA provider rushed through it in an hour. She had to Google Sleep paralysis lol because she never heard of it before. She did not provide a medical opinion on sleep apnea or the increase and didn’t approve the gerd or erectile dysfunction. The claim is in Preparation for Decision now. My questions: since she did not provide a medical opinion on sleep apnea even though the VSR asked for it, how will this impact the claim? Also, since she is obviously not trained in sleep related conditions, if the claim is denied is this a good argument to get new C&P exams when I request higher level review? My wife and I submitted lay statements as well several medical articles to support the claim. I was diagnosed with sleep apnea at a VA sleep study in November. I’ve been out of the Army since 1990.

Wow! Great replies. I guess the BLUF is hurry up and wait lol That was first Hadit post.

Has anyone ever seen this message? Thank you for inquiry. Your appeal was received at the Board on January 15, 2019. Subsequently, the Board received a request for a copy of the contents of your claims folder. That request is currently under review by the Board's Privacy Act Officer for review and response. If additional authorization is needed, the Board will contact you. Once this action is complete, the Board will consider your appeal according to its place on the docket.