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About blueteak

  • Rank
    E-3 Seaman
  • Birthday 08/10/1952

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  • Service Connected Disability
  • Branch of Service
  1. donews. Thanks for the additional info. Berta. Let me try to explain this. Hope I don't confuse you. When I received the VCAA packet, they stated I had 60 days to send in evidence before they would begin determination if I requested and that I still had up to a year from notification to send additional evidence in my case. I have not had a C&P exam for OSA and I might not considering all the info on my OSA is in my VHA record and current (not to say that they won't require a C&P anyway).
  2. tssnave. I think we are talking about two different things. I would not be asking for an IME, just an IMO to prove Nexus to sleep apnea. In the same chapter, sec a, it shows the form that would be sent out with the request for the IMO that would require the MD to determine if by reviewing the records of the claimant, whether or not there is a nexus for the claimed disability. I plan to go ahead and request this when I send my package of evidence in. All they can do is deny the request. I will still have till Dec this year to send any additional evidence on the disability if needed. Between now and Dec, I will have the funds necessary to obtain my own private MD IMO if needed. Thanks to all for their inputs. As soon as I hear word one way or another on this, I will post on board for others under this topic.
  3. Sorry, still could not get the link to work so everyone could see the regulation I was talking about. This regulation is listed in M21-1MR, Part III, Subpart IV, Chap3, Sec A, Pg 3-A-24. It states: G. Initiating a request for an independent medical opinion; A request for an independent medical opinion under 38CFR 3.328 in conjunction with a pending claim, may be initiated by the -RO -Claiment, or -Claiment's Representative I read that as they are saying that the VBA will obtain the IMO for me if they determine it is warranted.
  4. Philip, you are right on the IMO. Also I typed in the link wrong. It should be: http://www.warms.vba.gov/regs/38CFR/BOOKB/PART3/S3_328.DOC Hope I got it right this time.
  5. I'm rated at 10% for lower back sprain. Currently I have at the VBA request for increase in that and new claims for tinnitus, hearing loss, and neck sprain. I have entries in my SR for all of these items plus current diagnosis of them from the VA healthcare system.
  6. Unable to locate any buddies from service that could help. The reason I asked about getting the VBA to request an IMO was because of what I read here: http://warms.vbs.gov.regs/38CFR/BOOKB/PART3/S3_328.DOC Maybe I misinterpeted it. I do plan to send copies of all pages that mention my aforementioned ailments. None were mentioned on my seperation physical with the exception of the MVP.
  7. Has anyone ever requested when submitting evidence on their claim that the VBA attain an IMO for a service connection in their medical record? I am claiming for sleep apnea and there is no diagnosis in my service record for same. However there are incidences of MVP, Hypertension, Dyspnea (none currently SC or have been requested SC). Everything that I have read suggests these elements are related to Sleep Apnea but my opinion would not count as I am not a MD. Apnea was first diagnosed approx 9 yrs after discharge. Period of service was '70-'93. I'm considering asking them to obtain an IMO since I can't afford to pay a private MD for one. I have 16 days left to submit my evidence before the 60 day expiration for submission of evidence to the VBA. Thanks in advance for any input.
  8. I believe that stands for "Independent Medical Opinion".
  9. I've been asked to bring an insurance card or proof of insurance at every appointment that I have been scheduled for, including C&P exams. They have never asked to see it when I showed up for my appointments. I always take it, just in case it's needed. I agree with everyone else, that private insurance is not needed for C&P exams. When I first entered into the VA system, I did have to show whether or not I had private insurance in case later on I requested treatment for any illnesses or injuries that were not determined to be Service Connected.
  10. Would like anyone's opinion on the following: When sending copies of SMR's to claims board, should it just be the pages that pertain just to the claim or the entire record? Do the copies you send them have to be certified as true copies? Should items pertaining to claim in records be highlighted or underlined? Should past decisions by the VA that closely resemble your case be referenced? Thanks in advance for any advice and opinions!
  11. I think this link, just typed differently, might work. http://www.va.gov/vetapp03/files/0329657.txt
  12. If you use the form mentioned above asking the VA Doc for an opinion, once they fill out the form does the info get entered into your VA medical file or is it returned to you to submit if you wish? Would hate to try it and have the Doc say "No way shape or form" and have that entered into my medical record. Seems like that would be like shooting myself in the foot (although I could probably claim that! JUST KIDDING!! ) But that does seem like it would throw a monkey wrench into trying to connect to service conditions.

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