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georgiapapa

Master Chief Petty Officer
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Posts posted by georgiapapa

  1. Navy4life,

    I don't know what happened to the IMO sample on Hadit. I could not find it either.

    Go to the following website: veteransinfo.tripod.com

    Do not put www in front of the website name.

    Once on the website, Click on "Veterans Benefits & Information" on the left hand side,

    and then scroll down to "Nexus Letters."

    Nexus Letter is basically the same as an IMO. It is a written opinion showing a nexus or connection between two things. In your case the letter would have to be written to show a connection between your eating disorder and your damaged teeth. The letters written by Dr. Quack are basic samples of what an IMO must contain. Other info on nexus letters/IMOs can be found on this same website. If my recollection is correct, these are the same sample IMOs/nexus letters previously shown on Hadit.

    If I find any additional IMO samples I will let you know.

    Good luck.

    GP

  2. Navy4life,

    An IME is an Independent Medical Evaluation or basically a thorough well documented exam by physicans, dentist, etc. In your case, your dentist would need to state in your IMO that they conducted a thorough examination of your teeth and in their opinion the damage to your teeth were "as likely as not" (or "more likely than not", etc.)caused by your current service connected eating disorder.

    If you haven't already done so, I would provide your eating disorder medical records to your dentist for their review. The dentist needs to state in the IMO that they have reviewed all of your eating disorder medical records. The dentist's medical opinion would have to be supported by reasonable medical rationale.

    As I previously stated, there is info on Hadit regarding IMOs. I believe Berta or Carlie posted a sample IMO on Hadit. I would suggest providing your dentist with a sample copy of an IMO.

    GP

  3. Buck,

    I may be wrong but my reasoning for my opinion regarding the dental injury being secondary to a service connected condition is based on 38 CFR 3.310 (a) "Disabilities that are proximately due to, or the result of, a service connected condition." If Navy4life damaged her front teeth due to her eating disorder, the damaged teeth should be considered secondary to her service connected eating disorder and therefore service connected. Navy4life's dentists have completed DBQs for dental disability claim (VA form 21-0960D-1) which have been submitted with her FDC claim.

    There are about nine (9) different classifications or groups of veterans eligible for VA dental care. 100% P & T veterans are one (1) of the classifications or groups.

    GP

  4. Fat,

    At this point, the VA has not designated any of the diseases on their Camp Lejeune list as presumptive. I believe there would have to be evidence provided showing the veteran's leukemia was directly caused by his exposure to the contaminated water at Camp Lejeune between 1957 and 1987. The VA's current list of diseases is only used to provide free medical treatment to exposed veterans and exposed family members diagnosed with diseases on the list.

    Was the veteran a boots on the ground or brown water Vietnam veteran?

    Does the veteran have chronic B-cell leukemia?

    If yes to both questions, the widow would qualify for DIC benefits in my opinion.

    GP

  5. Fat,

    Unless the widow herself was exposed to the contaminated water at Camp Lejeune for 30 days or more and was diagnosed with one of the diseases on the VA's list of specified diseases, she would not be entitled to any more than any other widow of a veteran except she could receive free health care for her diagnosed disease. JMO

    GP

  6. Navy4life,

    IMO is Independent Medical Opinion. There is a sample IMO somewhere on Hadit. Doctors preparing an IMO need to make sure the IMO contains specific info and terminology required by the VA? You should be able to find plenty of info on Hadit regarding IMOs.

    Since you already have an FDC filed, you may want to hold off submitting anything else until you receive a decision. If you submit additional evidence at this point, your claim will be changed from an FDC to a standard claim and will take much longer to be processed. If your FDC claim is denied, you could then file a NOD and submit any new evidence including your IMOs.

    When you win your claim, you should be able to submit your receipts and get reimbursed for your dental expenses. JMO

    Take care.

    GP

  7. Navy4life,

    Based on the info provided in your post, I believe you should be able to show the damage to your teeth as secondary to your service connected eating disorder.

    In addition to the DBQs, I would have your dentists prepare IMOs showing a nexus between your service connected eating disorder and your injury to your teeth. In my opinion, the DBQs just do not contain adequate info. The opinion of your dentists in the IMOs must be supported by reasonable medical rationale.

    Good luck.

    GP

  8. D4rest,

    Unfortunately, what Paul stated in his post makes sense and I believe he is right about restarting the process which you have done. However, you should seek guidance from someone who is an expert on the IDES process and VA claims process before you do anything else. It appears mistakes have been made and you need guidance to make sure everything is done properly from this point forward.

    Speaking as someone who is not familiar with the IDES process, it appears to me your husband would have been better off taking medical retirement as he probably would have his 100% VA rating by now. I don't understand why there wasn't an assigned military advisor advising and guiding your husband through each step of the IDES process and his military retirement to make sure everything was done appropriately so your husband received all of the benefits he earned. If Paul is correct, someone in the military should have told your husband that being processed out on regular retirement would negate his IDES ratings.

    I may be totally off base but I believe your husband's situation could have been avoided if he had received proper guidance from the military. I wish both of you well and I still believe your husband can prevail with his VA claims but it will just take more time. JMO

    Take care.

    GP

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