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Getting An Independent Medical


Berta

Question

Here it is again-

I found it in seconds using our search feature:

An Independent Medical Opinion from a private doctor should contain certain elements:

1. The doctor must state that he or she has reviewed the SMRs (if needed)they arent needed if presumptive disability-and all available clinical records- and in my case and sometimes others- other VA documents pertinent to the claim.

The doctor needs to have a background and expertise consistent with the claimed disability.

2. The doctor should provide a statement as to this expertise.

Such as I will use what my IMO says" I have interpreted thousands of CT and MRI scans on patients with this patient's type of disorder (meaning my husbands undiagnosed DMII) and have correlated my findings with the clinical record." (Dr. Craig BAsh)

Also he attached a 9 page Curriculum Vitae.

3. Competency: He expands here on his knowledge of VA case law and regs, as well as in the second IMO- knowledge of the VA's recent expert opinion and also states he used current medical data, conversations with me, the veteran's lay statements in the clinical VA records( such as "They are killing me- I am dying of thirst"nurses note during hospitalization etc.as well as the autopsy , MRIs, ECHO etc.

4.

Discussion: here Dr. BAsh lays out 5 specific very strong points to prove his statement that the VA doctor's statements in the SSOC were "medically inaccurate".

5.Nexus statement: He then provided the Nexus statement.

The veterans exposure to Agent Orange was confirmed and the veteran had no other etiology for DMII but for his service in Vietnam.

"It is my opinion that his demise, due to cardiovadcular disease and infarcts (meaning the strokes Rod had) was caused by his Agent Orange induced diabetes."

He then referred to his initial IMO in which he made seven additional specific points in that IMO to service connect Rod's death-he also incorporated a former VA Neurologists opinion I had obtained in support of his first IMO.

Also in both IMos he used references to medical treatises and ADA literature.

Along with these IMos I sent the VA ADA info and clear medical association of Rods heart disease and Brain trauma due to dmii-undiagnosed and untreated.

Also in my initial claim- and in anything else I submitted I clearly reminded VA that the VA already admitted to multiple incidents of malpractice that all caused Rods death and that I state that the DMII was one of those initial multiple deviations in care and it was therefore "more then likely" they failed to diagnose DMII when they failed to diagnose heart disease, strokes, and his HBP as well and did admit to that.

I also sent Dr, BAsh significant medical info regarding another issue but I intend to get a pathologist for that IMO. If needed.

My long point- and I hope this post can be found be search-

is that this is the criteria for IMOs.

A clear medical rationale for the opinion supported by medical fact and experience and a strong Nexus statement.

To add- this is the "more than likely", or "at least as likely as not" statement you need for the nexus factor.

And keep in mind -if a doctor opines that it is more then likely that your present disability is related to your service-the doctor in 99.9 case was not an eyewitness to your stressors or inservice injury etc that caused your disability.

They must fully refer to the SMRs in this statement-or to something that would show your disability is consistent with the diagnosis as due to service.

PTSD vets getting IMOs must still fully provide a stressor that can be verified unless they have PH or combat awards that denote stressor is consistent with combat-and then the VA will usually still verify the stressor.

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  • HadIt.com Elder

Great Post thanks Berta

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