Jump to content

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

  • tbirds-va-claims-struggle (1).png

  • 01-2024-stay-online-donate-banner.png

     

  • 0

I Just Discovered A Form To Use To Get A Medical Opinion

Rate this question


LarryJ

Question

  • HadIt.com Elder

Ya'll may know about this form, but I didn't. It's a form that you give your VA health care provider for them to fill out in support of your claim.

I had to scan it, so it might not come out very clear.post-1306-1200948949_thumb.jpg

"It is cold and we have no blankets.

The little children are freezing to death.

My people, some of them, have run away to the hills, and have no blankets, no food; no one knows where they are-perhaps freezing to death.

I want to have time to look for my children and see how many of them I can find.

Maybe I shall find them among the dead.

Hear me, my chiefs! I am tired; my heart is sick and sad.

From where the sun now stands, I will fight no more forever."

Chief Joseph

Link to comment
Share on other sites

  • Answers 45
  • Created
  • Last Reply

Top Posters For This Question

Top Posters For This Question

Posted Images

Recommended Posts

Cowgirl - Here is a C&P clinicians guideline that guides the VA docs on what to do for various exams

http://www.warms.vba.va.gov/admin21/guide/...iciansguide.doc

I also ran across this quite a while back:

C&P Service Clinician’s Guide

"1.15 Should opinions of merit or percentage of disability be given by the examiner?

The examining clinician must avoid expressing an opinion regarding the merits of any claim or the percentage evaluation that should be assigned for a disability. An opinion should not be given to the claimant regarding insurability, degree of disability, incurrence or aggravation by military service, or the character and sufficiency of treatment during military service or subsequently thereto. When asked about employability, the examiner should not state that an individual veteran is or is not individually unemployable, but should describe in full the effects of the conditions being examined on functioning, and how that relates to employment.

1.16 How do I give an opinion for nexus (relationship to a military incident?

When asked to give an opinion as to whether a condition is related to a specific incident during military service, the opinion should be expressed as follows:

1. “is due to” (100% sure)

2. “more likely than not” (greater than 50%)

3. “at least as likely as not” (equal to or greater than 50%)

4. “not at least as likely as not” (less than 50%)

5. “is not due to” (0%)"

It looks like they are telling them NOT to give a percentage - but how VAspeak will "interpret" certain phrases.

Free

Thanks to all who responded, its clearer to my brain now. I'll use the form as my 'guide' to help with IMOs as needed. cg
Think Outside the Box!
Link to comment
Share on other sites

  • HadIt.com Elder

Free, you are correct to a certain extent.

The part that you bring up is for C&P examiners. The form that I posted was for use with your "treating" healthcare providers (your Primary Care doc or any specialists that may be involved).

"It is cold and we have no blankets.

The little children are freezing to death.

My people, some of them, have run away to the hills, and have no blankets, no food; no one knows where they are-perhaps freezing to death.

I want to have time to look for my children and see how many of them I can find.

Maybe I shall find them among the dead.

Hear me, my chiefs! I am tired; my heart is sick and sad.

From where the sun now stands, I will fight no more forever."

Chief Joseph

Link to comment
Share on other sites

Thanks for saying I was correct to a certain extent. :o

I was not trying to compete with your form.

My personal opinion is that the form would be good if that is ALL that you can get (i.e. that it is better than nothing) but I wouldn't expect it to carry me very far in a contested claim...especially if it is filled out exactly as it is written - since it doesn't even ask for REASONS the connection to military service were made.

I was merely providing some ADDITIONAL information to go along with the form for someone who asked what the VA is looking for.

The C&P examiner guidelines provide a guide for what the VA is looking for in C&P exams (and also private practice). We all know of cases where THEIR doctors did not follow these guidelines - and cases where opinions of private doctors were not given enough weight BECAUSE they did not follow the guidelines they set for their own doctors.

My personal opinion is that getting something is better than getting nothing. If a doctor balks at giving very much of an opinion - at least getting him to fill out and sign the form would be SOMETHING.

If the doctor is willing to provide a little MORE information - then I would encourage him to at least add SOME info on REASONING as to WHY he checked the box he did on the form.

If the doctor is willing to take it one step further - I would provide him with the C&P exam guidelines - and so his opinion could be written as closely as possible to the format they expect.

If the doctor is willing to write an opinion, but balks at using their guidelines - I would take whatever opinion he was willing to write.

But then, again, what do I know? I haven't been able to get a doctor to be willing to write and opinion. B)

But for those who ARE able to find a doctor who might give one - I was adding my two cents worth of opinon about my concerns with the form alone carrying a claim very far - and some suggestions on on obtaining something that might have a more solid weight.

I ask that people understand that I am not an expert, I have no idea what I am doing let alone the ability to provide expert advice to anyone else - and to consider what I say as my personal (and often uneducated) opinion - before acting on any suggestions I put out there.

Free

Free, you are correct to a certain extent.

The part that you bring up is for C&P examiners. The form that I posted was for use with your "treating" healthcare providers (your Primary Care doc or any specialists that may be involved).

Think Outside the Box!
Link to comment
Share on other sites

  • HadIt.com Elder

I like all the information discussed here. I have a copy of the clinicians guide and its really helpful, like you say Free. Sure could have used the 'guidance' provided there when I requested a IMO statement from my doc years ago. That IMO didnt work at all, result of my total lack of VA claims knowledge or a good vso. As I get my next IMO, I'll probably comingle the VA form and clinicians guide in a "summary" style for my doc to get what I need to achieve my SC. While most times, I want a 'form' or a 'pill' to cure it all, rarely have I found the perfect thing.

IMHO, With the onset of near total computer usage at the VA, I suspect this form concept for IMO will be 'automated' along with everything else. I can see computerized 'do it yerself' check in for a clinic appointment coming -temperature, weight check and blood pressure checks. Currently when I visit the VA, doc spends nearly 98% of time clicking the keys as I talk. Sort of like talking to someone with blue tooth earphone, not sure who is talking to who, or if one is connected to a open microphone or not.

Best to all, cg

*(not a medical trained person, but carries bandaides, motrin & cell phone, a mom, disabled vet and wife.)

Edited by cowgirl

For my children, my God sent husband and my Hadit family of veterans, I carry on.

God Bless A m e r i c a, Her Veterans and their Families!

Link to comment
Share on other sites

You brought up a good point about the computer systems.

They make the forms that are supposed to simplify things - but a lot can get lost in the process.

Your choices start being restricted to fill in the boxes (which may or may not apply.

Another interesting thing we ran across with this. My husband's military base went digital. Med records were on the computer system.

He asked for ALL of his post-service records.

He picked them up - and they were all those click the box and jot a few notes on the screen thing. VERY brief.

I thought here they put such a BIG emphasis on what the med notes say - then they click little boxes where the notes ay NOTHING.

I couldn't believe it. He had surgery and was hospitalized for several days - and there were just a few lines of "notes."

I was appalled! I said they have reduced an ENTIRE SURGERY and HOSPITALIZATION to three or four LINES?????????????

So he went back to the base and said "What is THIS crap???" (He was always SO eloquent :o ) - and they told him - Oh the OTHER information would be in the DOCTORS notes - and the doctors keep those in their offices - and told he he hadn't ASKED for the doctor's notes........

Geez..we THOUGHT that was included in ALL OF MY MEDICAL RECORDS.

No - the medical records didn't INLCUDE doctor's notes. You have to ask for those separately.

We asked - and got them - and DID find things in the notes that helped his case.

We are not sure if the VA had those notes - as they might just ask for the medical records.

BUT I am going to ask that they be considered to be "constructively" in the file... because they should know more what their left hand is doing than we do...

Free

I like all the information discussed here. I have a copy of the clinicians guide and its really helpful, like you say Free. Sure could have used the 'guidance' provided there when I requested a IMO statement from my doc years ago. That IMO didnt work at all, result of my total lack of VA claims knowledge or a good vso. As I get my next IMO, I'll probably comingle the VA form and clinicians guide in a "summary" style for my doc to get what I need to achieve my SC. While most times, I want a 'form' or a 'pill' to cure it all, rarely have I found the perfect thing.

IMHO, With the onset of near total computer usage at the VA, I suspect this form concept for IMO will be 'automated' along with everything else. I can see computerized 'do it yerself' check in for a clinic appointment coming -temperature, weight check and blood pressure checks. Currently when I visit the VA, doc spends nearly 98% of time clicking the keys as I talk. Sort of like talking to someone with blue tooth earphone, not sure who is talking to who, or if one is connected to a open microphone or not.

Best to all, cg

*(not a medical trained person, but carries bandaides, motrin & cell phone, a mom, disabled vet and wife.)

Think Outside the Box!
Link to comment
Share on other sites

I cannot remember where I found it (a symptom of why I'm 80%, I'd forget my ass if it weren't attached ;-).

There are numbers down at the bottom, "MRC 136-01-908", but I couldn't get them to show up on ANY of the gubbermint's Form Finder sites.

Tell ya what, I'm just gonna sit here with my word processor and make us up a clear copy.

More shortly.

I cant get it to print. Please send me a copy of this form. Thanks

Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now


  • Tell a friend

    Love HadIt.com’s VA Disability Community Vets helping Vets since 1997? Tell a friend!
  • Recent Achievements

    • Lebro earned a badge
      First Post
    • stuart55 earned a badge
      Week One Done
    • stuart55 earned a badge
      One Month Later
    • Lebro earned a badge
      Conversation Starter
    • Sparklinger earned a badge
      First Post
  • Our picks

    • Caluza Triangle defines what is necessary for service connection
      Caluza Triangle – Caluza vs Brown defined what is necessary for service connection. See COVA– CALUZA V. BROWN–TOTAL RECALL

      This has to be MEDICALLY Documented in your records:

      Current Diagnosis.   (No diagnosis, no Service Connection.)

      In-Service Event or Aggravation.
      Nexus (link- cause and effect- connection) or Doctor’s Statement close to: “The Veteran’s (current diagnosis) is at least as likely due to x Event in military service”
      • 0 replies
    • Do the sct codes help or hurt my disability rating 
    • VA has gotten away with (mis) interpreting their  ambigious, , vague regulations, then enforcing them willy nilly never in Veterans favor.  

      They justify all this to congress by calling themselves a "pro claimant Veteran friendly organization" who grants the benefit of the doubt to Veterans.  

      This is not true, 

      Proof:  

          About 80-90 percent of Veterans are initially denied by VA, pushing us into a massive backlog of appeals, or worse, sending impoverished Veterans "to the homeless streets" because  when they cant work, they can not keep their home.  I was one of those Veterans who they denied for a bogus reason:  "Its been too long since military service".  This is bogus because its not one of the criteria for service connection, but simply made up by VA.  And, I was a homeless Vet, albeit a short time,  mostly due to the kindness of strangers and friends. 

          Hadit would not be necessary if, indeed, VA gave Veterans the benefit of the doubt, and processed our claims efficiently and paid us promptly.  The VA is broken. 

          A huge percentage (nearly 100 percent) of Veterans who do get 100 percent, do so only after lengthy appeals.  I have answered questions for thousands of Veterans, and can only name ONE person who got their benefits correct on the first Regional Office decision.  All of the rest of us pretty much had lengthy frustrating appeals, mostly having to appeal multiple multiple times like I did. 

          I wish I know how VA gets away with lying to congress about how "VA is a claimant friendly system, where the Veteran is given the benefit of the doubt".   Then how come so many Veterans are homeless, and how come 22 Veterans take their life each day?  Va likes to blame the Veterans, not their system.   
    • Welcome to hadit!  

          There are certain rules about community care reimbursement, and I have no idea if you met them or not.  Try reading this:

      https://www.va.gov/resources/getting-emergency-care-at-non-va-facilities/

         However, (and I have no idea of knowing whether or not you would likely succeed) Im unsure of why you seem to be so adamant against getting an increase in disability compensation.  

         When I buy stuff, say at Kroger, or pay bills, I have never had anyone say, "Wait!  Is this money from disability compensation, or did you earn it working at a regular job?"  Not once.  Thus, if you did get an increase, likely you would have no trouble paying this with the increase compensation.  

          However, there are many false rumors out there that suggest if you apply for an increase, the VA will reduce your benefits instead.  

      That rumor is false but I do hear people tell Veterans that a lot.  There are strict rules VA has to reduce you and, NOT ONE of those rules have anything to do with applying for an increase.  

      Yes, the VA can reduce your benefits, but generally only when your condition has "actually improved" under ordinary conditions of life.  

          Unless you contacted the VA within 72 hours of your medical treatment, you may not be eligible for reimbursement, or at least that is how I read the link, I posted above. Here are SOME of the rules the VA must comply with in order to reduce your compensation benefits:

      https://www.law.cornell.edu/cfr/text/38/3.344

       
    • Good question.   

          Maybe I can clear it up.  

          The spouse is eligible for DIC if you die of a SC condition OR any condition if you are P and T for 10 years or more.  (my paraphrase).  

      More here:

      Source:

      https://www.va.gov/disability/dependency-indemnity-compensation/

      NOTE:   TO PROVE CAUSE OF DEATH WILL LIKELY REQUIRE AN AUTOPSY.  This means if you die of a SC condtion, your spouse would need to do an autopsy to prove cause of death to be from a SC condtiond.    If you were P and T for 10 full years, then the cause of death may not matter so much. 
×
×
  • Create New...

Important Information

Guidelines and Terms of Use