hypertension Individual Medical Opinion (imo)

[blueteak]

Has anyone ever requested when submitting evidence on their claim that the VBA attain an IMO for a service connection in their medical record? I am claiming for sleep apnea and there is no diagnosis in my service record for same. However there are incidences of MVP, Hypertension, Dyspnea (none currently SC or have been requested SC). Everything that I have read suggests these elements are related to Sleep Apnea but my opinion would not count as I am not a MD. Apnea was first diagnosed approx 9 yrs after discharge. Period of service was '70-'93. I'm considering asking them to obtain an IMO since I can't afford to pay a private MD for one. I have 16 days left to submit my evidence before the 60 day expiration for submission of evidence to the VBA. Thanks in advance for any input.

[free_spirit_etc]

Maybe I will use this regulation to request the VA NOT to pay for an IMO. ;)

I could actually build an argument on it to try to head them off at the pass - LOL

Let's see - Dr. IMO states ___. His opinion supports and clarifies the doctor notes of Dr. __ and ____, which have already been submitted with the initial claim.

This reasoning follows medically established principles in the field of cancer - as it is the same thing reported in ____., and ____, and ____ - and taught by ___ medical school, and explained by the Armed Forces Institute of Pathology in BVA decisions ___, ____, )____ and ____.

Therefore, this is such common knowledge to the medical community, and fairly common knowledge even to lay persons. As such, I am waiving my right to request an IMO paid for by the VA, under ]§ 20.901 Rule 901, as the issue at point is neither complex nor controversial - and thus does not warrant that any additional medical expertise be required.

:)

Free

§ 20.901 Rule 901. Medical opinions and opinions of the General Counsel.

(a) Opinion from the Veterans Health Administration.

The Board may obtain a medical opinion from an appropriate health care professional in the Veterans Health Administration of the Department of Veterans Affairs on medical questions involved in the consideration of an appeal when, in its judgment, such medical expertise is needed for equitable disposition of an appeal.(Authority: 38 U.S.C. 5107(a))

(;) Armed Forces Institute of Pathology opinions.

The Board may refer pathologic material to the Armed Forces Institute of Pathology and request an opinion based on that material. (Authority: 38 U.S.C. 7109(a))

© Opinion of the General Counsel.

The Board may obtain an opinion from the General Counsel of the Department of Veterans Affairs on legal questions involved in the consideration of an appeal. (Authority: 38 U.S.C. 7104©)

(d) Independent medical expert opinions.

When, in the judgment of the Board, additional medical opinion is warranted by the medical complexity or controversy involved in an appeal, the Board may obtain an advisory medical opinion from one or more medical experts who are not employees of the Department of Veterans Affairs. Opinions will be secured, as requested by the Chairman of the Board, from recognized medical schools, universities, clinics, or medical institutions with which arrangements for such opinions have been made by the Secretary of Veterans Affairs. An appropriate official of the institution will select the individual expert, or experts, to give an opinion. (Authority: 38 U.S.C. 7109)

(e) For purposes of this section, the term ''the Board'' includes the Chairman, the Vice Chairman, any Deputy Vice Chairman, and any Member of the Board before whom a case is pending. (Authority: 38 U.S.C. 5107(a), 7104©, 7109) [57 FR 4109, Feb. 3, 1992, as amended at 61 FR 20453, May 7, 1996; 66 FR 38159, July 23, 2001]

§ 20.902 Rule 902. Filing of requests for the procurement of opinions.

The appellant or representative may request that the Board obtain an opinion under Rule 901 (§ 20.901 of this part). The request must be in writing. It will be granted upon a showing of goodcause, such as the identification of a complex or controversial medical or legal issue involved in the appeal which warrants such an opinion.

(Authority: 38 U.S.C. 5107(a), 7102©, 7104©,7109)