Jump to content
VA Disability Community via Hadit.com

Ask Your VA   Claims Questions | Read Current Posts 
Read Disability Claims Articles
 Search | View All Forums | Donate | Blogs | New Users | Rules 

  • homepage-banner-2024-2.png

  • donate-be-a-hero.png

  • 0

Imo Help!

Rate this question


Guest terrysturgis

Question

Guest terrysturgis

This is what I came up with to help my private MD get me an IMO. If anyone has any suggestions, please help.

November __, 2005

RE: Terry Sturgis, CLAIM XX-XXX-XXX

Dear Chris _____ DAV SO,

Terry has been diagnosed wuth Diabetes Mellitus for four years. He has been Service Connected for the DMII and lower body bilaterial Peripheral Neuropathy for three years.

Patient has now developed upper body bilaterial Peripheral Neuropathy.

His muscle power and tone are reduced in both hands (as diagnosed by Veterans Administration Doctor Mohammed Mohiuddin, MD during an Agent Orange physical performed on 07/13/2005). Copy enclosed.

Having treated many Diabetics for ____ years I conclude that this patient has developed bilaterial upper body Peripheral Neuropathy as a secondary condition to DMII.

Respectfully,

Ken _____, MD

HADIT FOLKS, is this letter OK and am I missing anything. THANKS, Terry Sturgis

Link to comment
Share on other sites

  • Answers 22
  • Created
  • Last Reply

Top Posters For This Question

Recommended Posts

Terry -I suggest that the doctor add a little about his credentials- anything else that supports his ability to state this opinion-

like- is he an endocrinologist?

Does he treat hundreds of diabetes?

Has he had experience with seeing this type of neuropathy in many diabetic patients?

Other than that it seems fine to me-

PS- I sure wouldn't send it to the DAV_ I would send it directly to the VARO with cover letter to say it is in support of your claim (Priority with tracking slip or certified and make a copy for you to keep)with your c file on the letter.

You can send the DAV a copy of it .

Link to comment
Share on other sites

Guest terrysturgis

Berta, Thanks a lot! I will work on those suggestions.

My DAV SO has been very good for me. He has connections in Detroit at the RO that have helped my claim. I do sometimes educate him on some of the things I've learned on HADIT but overall he does great. Thanks again! Terry Sturgis

Link to comment
Share on other sites

Terry,

You might want to visit Dr. Bash's Web site. He has posted a sample letter there. Also, as I have searched some of the BVA appeals, I've noticed that lack of rationale or logical explanation has been cited as the reason some IMOs were not given much weight in deciding the case. (Of course, it seems as if it doesn't matter that C&P examiners sometimes don't make sense at all.)

I was told that most raters are not doctors (at least not in my state) and it would be illegal for raters to "make a diagnosis" from the medical record, even if it is plain to see. So the diagnosis must be clear enough in an IMO or the C&P exam to make your case.

Unfortunately, many private doctors don't know anything about VA regs and guidelines, so I think you would make a positive difference for your case to help your private doctor know how he needs to state his opinion to meet VA criteria. As Alex said here, always take the VA regs first and build your evidence solidly around that. Doing that, you will know in a hurry the strength or weakness of your case.

Carrie

Link to comment
Share on other sites

Guest jangrin

Good Morning All,

Does anyone have imput on how IMO (independent medical opinion) verses IME (independent medical exam)

are recieved and how much weight the RO or BVA gives to the medical opinion and if in fact having an opinion based from an actual exam -I quess what I'm trying to ask is how hard will the VA try to put down a doctors opinion if the doctor actually does an exam with findings vs a review of records. Any imput on this?

thanks.

Jangrin :)

Link to comment
Share on other sites

I have seen the VA disregard an IMO from a private doctor stating that the doctor never examined the patient in person-versus the VA quack did exam the patient in person.

In cases like this often it is just not feasible for a vet to travel all over for a physical exam for an IMO-

I suggest if this happens to anyone- to be sure to knock down the VA examiner's opinion using the IMO info-a good IMO doctor like Dr. Bash- I sent him all of the veteran's med recs, past SOCs I had received, documentation from VACO, and the Office of General Counsel. Everything.

Of course he could not examine the vet- because Rod is dead- but the VA doc only used a "few" records -and I have proof that the med recs were here at the Bath VA when she wrote her opinion-(they wanted to give him a C & P -yeah right)

You can certainly find areas where the IMO did access all of the records and most surely the VA doc only looked at a "few". You can find the holes in a VA opinion by studying what is actually in the med recs next to what they say is in it- the VA doc will pick and choose and they are under pressure so there will be more there to combat a negative VA opinion with.

This has happened -I dont know the results but there are cases at the BVA where the VA said the veteran was never examined by the IMO doc-

it would pay to access the BVA to see how that was handled.

Regardless however of formal physical exam or not- if the opinion fully supports the medical evidence of record and the claim- it should not matter in the long run-

One thing to avoid-we had a vet's wife here years ago whose husband got an IMO by phone- the IMO was ttranscribed -I guess the doctor taped the conversation and it did not help the veteran at all.

The IMO stated that he did not have the veteran's complete med records and had based his opinion solely on what the veteran and his wife told him.

That wont fly with the VA at all.

The many cases at BVA that Dr. BAsh has offered opinions for- none of these vets went to Bethesda that I know of-to personal be examined by him- and I have never seen this facet of his opinions questioned by the VA.

Pete is absolutely correct-

If the VA has two opposing opinions and gives each opinion equal weight the vet is supposed to succeed.Doctrine of Relative Equipoise-reasonable doubt.

(But the VA owns the scale)

Link to comment
Share on other sites

Guest
This topic is now closed to further replies.
×
×
  • Create New...

Important Information

Guidelines and Terms of Use