Interesting Find Regarding Opinions

[donews]

I was reading the online version of "A 21st Centry System for Evaluating Veterans for Disability Benefits", and came across this statement:

"In addition, according to VHA policy,

Veteran patients may request descriptive statements regarding their medical conditions and/or opinions concerning the "possible cause(s)" of an existing medical condition for VA disability claims purposes. VHA health-care providers shall provide a statement or opinion describing a patient's medical condition. If the health-care provider is the veteran's treating physician, and is unable, or deems it inappropriate, to provide an opinion or statement, such physician shall refer the veteran's request to another health-care provider for the opinion or statement (VHA, 2000)."

Anyone know if this is accurate, and if so where the heck is this reg?

I have yet to find it.

[rentalguy1]

of course they should have accepted the opinion of your VAMC docs. That's not what I was saying. I was saying that the VBA is not in charge of the VHA, and cannot tell them what to do, per se.

[ruby]

If anyone know if this is true please post it. My Derm Doc told me his superior told him he could not sign anything giving an opinion. I know this is this Dept heads decision as my Rheum doctor is the head of the dept and he signed it.

[Hoppy]

I used that directive in 2000 to obtain a nexus letter. What I think occurred is that the VCAA replaced that directive and at this time the VA is supposed to schedule C&P exams to develop compensation claims. Ask your SO to request a C&P exam to resolve compensation questions.

If you can get a doctor at a VAMC to write a report then it can obviously be submitted as as evidence in support of your claim.

VCAA

• (3) provide a medical examination and/or opinion if the VA finds the veteran has a current medical disability or symptoms and there is evidence to suggest that the current symptoms or disability may be related to an event, injury, or disease which took place in service;

[rentalguy1]

It is true. I read my VAMC's policy this morning, and it referred me to

VHA Directive 2007-024 This is a must read and print for everyone.

[mrsvet28]

I used that directive in 2000 to obtain a nexus letter. What I think occurred is that the VCAA replaced that directive and at this time the VA is supposed to schedule C&P exams to develop compensation claims. Ask your SO to request a C&P exam to resolve compensation questions.

If you can get a doctor at a VAMC to write a report then it can obviously be submitted as as evidence in support of your claim.

VCAA

• (3) provide a medical examination and/or opinion if the VA finds the veteran has a current medical disability or symptoms and there is evidence to suggest that the current symptoms or disability may be related to an event, injury, or disease which took place in service;

My husband is on SS for PTSD- he has 2 IMO's saying he has PTSD- we are getting a third IMO report-went to see this guy says he has PTSD- the VA screenings says he has PTSD- the VA in a earlier letter says he has PTSD- "in lack of a verifiable stressor which would permit finding of service-connection"(2004) that was verified thru the VA(which was a CUE because they had it for 6 months and ! year) upon a denial in the SSOC- they scheduled a C&P exam- the VA says now he doesn't have a definite diagnoses of PTSD--they say (mood disorder) so they took back there original PTSD diagnoses- and totally disregardes all of the SS and other IMO's-- my question why get an IMO or 2 or 3 when they do this?? Any ideas?? We already have another one that says definitely PTSD on another IMO--Did I mention in 1968-- his doc after a month home from Nam said he had anxiety and gave him Librium more than once?

[Hoppy]

mrsvet28,

All you can do is fight them with new medical evidence when they do something like that. This requires reports that are very definitative and cite the exact symptoms that qualify under the DSM IV. The problem with IMO's is that sometimes they do not write their reports with the specifics that the VA requires. Make sure the VA C&P examiner used the right exam worksheet for initial diagnosis of PTSD when they changed his diagnosis. The RO has used non PTSD exams to shoot down PTSD in another case. If I hear this happened to you also I will be on the phone to a senator tomorrow.

rentalguy,

WOW, my memory still works. Also, they can schedule these exams for any issue, nexus, resolution of multiple diagnoses, miss-diagnosis, and post service initial diagnosis, etc.

Edited April 16, 2008 by Hoppy