Hucast21

The same happened to me - the DRO gave more weight to the NP than the IMO by a board-certified specialist. Take it to the BVA like I did, and then both of us just have to wait for our win. It’s ridiculous but this is the game the VA wants us to play.

Raters are special to say the least. Every time I read a veteran got a fair rating on their claim, I wonder why I, and many other vets like yourself, couldn’t be so lucky. I’ll share my current claim process: filed a claim in 2018 for migraines, depression, and knee pain. My SMRs show numerous sick calls every time I had a migraine, even stating my only relief was to lay down in a dark, quiet room. My separation physical examination states a diagnosis of severe migraines by my PCP. VA treatment records show continuing treatment for migraines. The initial claim was denied because of an unfavorable C&P exam where the contracted NP said “veteran health records has been silent about migraines.” Filed a NOD and submitted an IMO with nexus and was denied again because the rater said my IMO was “telehealth.” There is no excuse for the amount of bullshit veterans have to jump through so many hoops just to get service-connected, but it happens way too often.

You can still file an appeal and then submit new evidence during or after your BVA hearing, which will be the IMO from Dr. Ellis.

This is not just from my own experience - it is opinions from other veterans from different boards and on reddit as well. Nothing is guaranteed, but QTC seems to be highly rated from a lot of veterans when it comes to C&P exams.

QTC is where you would want to go for a third-party C&P exam. All my buddies who had a QTC exam got service-connected for their disability. I was sent to an LHI C&P exam, and the NP outright denied me.

I feel the same way in regards to your last paragraph. Heck, just hand me a loaded firearm and I’ll do the deed myself.

I agree with GBArmy. I would be livid if that happened to me.

That can take years if the veteran doesn’t file the correct paperwork. If a veteran doesn’t submit the correct form, their appeal could be stuck in legacy hell (if original claim was filed in 2018 or earlier). With an attorney, a veteran can request their claim to go under AMA, which saves time with the added benefit of having an attorney present their case before a BVA hearing.

Get an attorney. At least you know if an attorney takes your case, there is a good chance he or she see an approval/win. edit: if memory serves me correct, law firms have a higher winning percentage for appeals than VSOs.

I know you must be in pain, so I decided to reply as soon as I can. If I was in your position, I would look for legal representation. See what various law firms have to say about your claim, and then make a decision. Known law firms: Hill & Ponton https://www.hillandponton.com/ CCK Law https://cck-law.com/ Woods & Woods https://www.woodslawyers.com/ Good luck.

Don’t know to be honest but faster compared to the appeals process from years ago. I assume you did not ask for a hearing and just submitted your evidence? If you did, then your appeal is on the fastest track minus any appeals that have an advancement.

Also, since your claim started in 2010, I applaud you for your patience. I would have been calling the White House VA hotline on a weekly basis after five years if I was in your position. It doesn’t hurt to complain, and if you already had done that, then ignore my post.

That’s not how it goes. From what I have read, many claims had 20k-30k appeals ahead of them only to get a decision in a week or a month later. I would say you are close to the end in my opinion. Good luck!

Remands more often than not turn out to be wins later on from what I have researched. Good luck to you in the future!

Good because the VA would have nailed you for it. When it comes to nexus letter/IMO/IMEs, always triple check everything including dates.

Those are not the magic words. Rewrite it with this: “After a review of pertinent records, it is my professional opinion that it is at least as likely as not that Mr. ****** condition is secondary to his psoriasis.” ”Highly likely” without comparing it to something else is subjective. Always remember this when it comes nexus letters: is due to” (100% sure) “more likely than not” (greater than 50%) “at least as likely as not” (equal to or greater than 50%) “not at least as likely as not” (less than 50%) “is not due to” (0%)

I agree with you about VA providing benefits in a timely manner. I really do not care about a big retro check once my claim is decided at the BVA - I would rather had the VA rate me correctly the first time. But that is asking for too much. But even after I win at the BVA, my claim will most likely go back to the VARO for a proper rating, which can takes months to schedule another C&P exam. Too UCB time wasted imo.

Congrats!!

Welcome Michael! Can you give us more detail about your claim, so that us hadit members can make an informed opinion on what’s best for your situation? Were you granted service-connection but got low-balled on your rating(s)? Were you denied outright?

Hi MKAH, The VA loves denying service-connection for migraines, and I am in a similar situation. I was diagnosed with migraines in the service and continue receiving treatment from the VA. I too, was denied on initial claim, denial SOC on NOD, and now my claim goes before the BVA. I am also claiming depression secondary to migraines as I have been hospitalized with suicidal thoughts multiple times over the years when I get severe migraines. It is sad how us veterans need an IMO in order to win our claim. I am also going for TDIU. Thank you for the reply.

Congrats! May I ask how long did it take you from BVA hearing (if you had one) to decision?

I agree with broncovet’s advice. You can also filed a notice of disagreement (NOD) if you feel the VA low-balled you on your rating.

Expect the worst, hope for the best. Be prepared to take your claim to the BVA and seek representation if you are denied once again.

I could be wrong but I originally filed my claim in Florida in 2018 and was denied twice by St. Petersburg RO. Since Florida is a popular state for veterans, if what you say is true, than my claim should have went somewhere else besides St. Petersburg in my opinion.

I wish you godspeed.