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Imo Should I Submit Now Or Wait


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  • HadIt.com Elder

I had a doctor come thru and write an IMO for me, I think it will be a great peice of evidence to get the VARO off the dime and grant the claim in my favor, this doctor can NOT be dismissed as an intern that does not know what they are talking about. your opinions I am putting in the summary and conclusions.

SUMMARY AND RECOMMENDATIONS

In my opinion Michael Bailey's hypertension and early onset of arteriosclerotic heart disease is more likely than not caused, or at least severely aggravated, by his service- connected PTSD.

The VA center where Michael obtains care does not let individual doctors diagnose PTSD. It was done by a team of three clinicians who interviewed, tested and interviewed him again before making the diagnosis, a process that took 4 months. There seems to be no doubt that he suffers from PTSD. The above mentioned experiences are among those that were likely to have contributed to this condition.

Michael has provided me with various VA medical records, hoping I will find them helpful in piecing together his stroke, heart problems and PTSD and showing their nexus, along with the help of articles by Dr. Boscarino (and others).

The accompanying published reports speak for themselves. Because they are complex, they require complete and careful reading, rather than the condensed version I might provide in a letter.

I can understand the reluctance of some VA and other government agencies to attach specific relevance to the research findings of Dr. Boscarino and others. His conclusions carry major fiscal implications. Nevertheless, in Michael’s case I find them to be highly relevant.

Statistical findings alone cannot establish a direct causal connection in any given individual. I believe, however, that it is incumbent upon the VA to respect these findings and to favor the applicant in doubtful cases. At the age of 51, Michael has a severely limited life expectancy. As a father and husband he is only concerned at this point with a favorable ruling on his claim in order to assure financial support for his family in the event of his premature death. I recommend reconsideration of the VA’s finding that Michael’s heart disease is not service-connected.

Michael points out that he is in his 5th year of appeals and his case will not get to the BVA until next year. I am preparing this report now, however, so that he will know he has my support for his claims.

Sincerely yours,

Should I submit now, or wait until they get done with the last argument I submitted lol

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Mike- I guess my opinion is always based on what I learned at AMU-SURROUND THE ENEMY!

And do it before they can surround you- meaning I would send the VA ASAP any evidence whatsoever that can potentially award a claim.

The way I see it the more evidence they have the better- if 2,3, or even 4 pieces of evidence do not produce an award the next piece of evidence they get COULD.

But others might disagree-and

the more you send , the more they have to deal with-

yet VA case law clearly shows when they have enough to award on -they dont need to go any further-

I called VA this AM for a status-

what a tizzy I put them in-

they have three ways to award a direct SC death for my husband.All supported by evidence.

The main claim, supported by the most evidence, involves the award I want.

I told them I would drop the other 2 claims on this issue if the main claim-filed prior to the other two for SC death-is granted.

They seem to be focused on a claim however that is the weakest one in my opinion but an award would produce less retro.

Still- I sent evidence in on everything I have there at Buffalo VARO- and some sent and re-sent many times-

if they 'lose' half of what I sent or it all blows out an open window--there is still evidence left to make an award.

If they ever read it, that is----

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  • HadIt.com Elder

I know how you feel, I have 9 issues on appeal and I have told them to award the heart disease and I will drop the other issues, none of them will kill me but I am not going away until the heart disease is SC not after a stroke and 7 heart attacks, a failed triple bypass and 2 failed stents I don't have much of my heart left working and I really don't want my wiffe to have to fight this after I have another heart attack the odds of me going that way are pretty good...

well tomorrow I am in Augusta for tests I guess they will see me on Wednesday then thanks Berta

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  • HadIt.com Elder

I would do as Berta Said. Pound them with all you got. The sooner the better.

I sure have had too.

Josephine

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  • HadIt.com Elder

They may just get tired of reading all the evidence and grant your claim. For my IU claim I sent them everything but the kitchen sink and I would have sent that if I could have gotten it in the mail. I believe in overkill.

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  • HadIt.com Elder

my c file is over 6 feet now I wonder if the have room for the bathroom sink rofl

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  • HadIt.com Elder

The crux of the matter is that the IMO can be considered "New" evidence, allowing you to take advantage of the law. (If it comes to that) If the VA awards a lower % than you believe is proper, it can be used. If you believe the evidence you have already submitted is sufficient, I'd be inclined to let it ride until you get something back from the VA that helps you decide to submit or not.

On the other hand, there is language in the regs that is to the effect that you should submit all the evidence you have prior to a decision.

Also, submitting additional evidence "may" delay a decision.

I had a doctor come thru and write an IMO for me, I think it will be a great peice of evidence to get the VARO off the dime and grant the claim in my favor, this doctor can NOT be dismissed as an intern that does not know what they are talking about. your opinions I am putting in the summary and conclusions.

SUMMARY AND RECOMMENDATIONS

In my opinion Michael Bailey's hypertension and early onset of arteriosclerotic heart disease is more likely than not caused, or at least severely aggravated, by his service- connected PTSD.

The VA center where Michael obtains care does not let individual doctors diagnose PTSD. It was done by a team of three clinicians who interviewed, tested and interviewed him again before making the diagnosis, a process that took 4 months. There seems to be no doubt that he suffers from PTSD. The above mentioned experiences are among those that were likely to have contributed to this condition.

Michael has provided me with various VA medical records, hoping I will find them helpful in piecing together his stroke, heart problems and PTSD and showing their nexus, along with the help of articles by Dr. Boscarino (and others).

The accompanying published reports speak for themselves. Because they are complex, they require complete and careful reading, rather than the condensed version I might provide in a letter.

I can understand the reluctance of some VA and other government agencies to attach specific relevance to the research findings of Dr. Boscarino and others. His conclusions carry major fiscal implications. Nevertheless, in Michael’s case I find them to be highly relevant.

Statistical findings alone cannot establish a direct causal connection in any given individual. I believe, however, that it is incumbent upon the VA to respect these findings and to favor the applicant in doubtful cases. At the age of 51, Michael has a severely limited life expectancy. As a father and husband he is only concerned at this point with a favorable ruling on his claim in order to assure financial support for his family in the event of his premature death. I recommend reconsideration of the VA’s finding that Michael’s heart disease is not service-connected.

Michael points out that he is in his 5th year of appeals and his case will not get to the BVA until next year. I am preparing this report now, however, so that he will know he has my support for his claims.

Sincerely yours,

Should I submit now, or wait until they get done with the last argument I submitted lol

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  • HadIt.com Elder

I just submitted the newest "NOD" on 24 August this has been going on for what 5 years now, they are doing everything they can to "ignore" the heart problems, I had a cardiologist write a supporting opinion in 2005 and they claimed she was nothing but an intern and there was NO literature linking CAD to PTSD even though there is a heck of a lot of literature linking hypertension and artherisclerosis to PTSD as a secondary condition and the definition of CAD is hypertension and artherioslcerosis this doctor is 76 and is one of the doctors from the Edgewood experiments he retired as a Colonel, US Army in 1976 and is on the staff of UCLA Medical school as a professor he can't be dismissed as a intern he links my problems to the study that DR Boscarino did and submitted to the VA and is used now for BVA appeals and is the basis for many vets to get SC for heart disease

I just think it's great I got one of the "reseaerch docs" from the LSD experiments to write the opinion and the VARO has spent the last 5 years telling me those "experiments" never happened lol his CV is 16 pages and is mentioned on about 12 pages about his work and published papers on the experiments from the early 60s thru the early 70s at Edgewood and the use of human test subjects

it's an ugly time in military history and the VA just wants to ignore it

to many of the vets are dead and of the survivors to many are disabled 2098 dead and 2200 disabled out of 7120 men 75% dead or disabled and they claim nothing wrong happened there BS

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