HadIt.com Elder allan Posted June 9, 2008 HadIt.com Elder Share Posted June 9, 2008 These bandits ordered another IMO as of may 27th. When will this crap stop? When this opinion comes back from their whore, should I let it all get processed and denied so it will go to COVA? If I NOD or get another opinion and send it in, this will just keep this 1998 docket case in the remand mode, correct? Thanks for any replies........ Link to comment Share on other sites More sharing options...
HadIt.com Elder LarryJ Posted June 9, 2008 HadIt.com Elder Share Posted June 9, 2008 Who ordered the IMO, allan? I'm sorry, but I'm not familiar with your claim. "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 More sharing options...
HadIt.com Elder allan Posted June 9, 2008 Author HadIt.com Elder Share Posted June 9, 2008 Claim has been on appeal with the BVA since 1998 and at the AMC since it opined in 2005. My claim set idle for a couple yrs after the AMC recieved several IMO's from Dr Bash. Last Dec it was denied stating they don't have the opinions or the c-file records I claim Dr Bash made the med opin from(service records). They also said they didn't have any records of me ever requesting a c-file or service records and can not verify thye "authinticity" of the ones I sent them. In March, I wrote them back and sent a copy of every ignored request for a copy of my file from 1975 until 1997 when they sent me what little I have. Now they've ordered another IMO. For what I don't know nor could I find out. I've recieved no notice from the AMC or the PVA regarding this. Link to comment Share on other sites More sharing options...
HadIt.com Elder john999 Posted June 9, 2008 HadIt.com Elder Share Posted June 9, 2008 Allen What they did to your regarding the C-file has been done before. This is a trick they use. They may grant your claim but use the new C&P exam date as the effective date saying this new evidence is what broke the camel's back. Any new evidence you send in will probably be used to establish an earlier effective date. The same thing happened to me. 5 years in appeals and a BVA remand and then I sent in an IMO and the VA granted my claim based on the new IMO. However, if you don't send in new evidence you may never win your claim. They have us coming and going. I think I would do whatever is necessary to win the claim. Link to comment Share on other sites More sharing options...
HadIt.com Elder Josephine Posted June 9, 2008 HadIt.com Elder Share Posted June 9, 2008 Allen, I believe John is correct. Remember I received a denial from the AMC and due to that telephone call from this Kathy to advise me to waiver my 60 days. It was in my best interest she said. Not True! The BVA Judge allowed me time to secure the Independent Medical Opinion from Dr. Crowley and this is what won my grant and retro for 16 years. You may have to do it again. What about The new less expensive doctor. Have a you thought of giving him a try. I believe Pete posted a link to his web site. Just a thought. Betty Link to comment Share on other sites More sharing options...
HadIt.com Elder Pete53 Posted June 10, 2008 HadIt.com Elder Share Posted June 10, 2008 Allan: Its hard to believe but I think that you have no choice but show up for the C&P at least after the C&P you should get a decision. If its wrong you can attack the VA and the opinion. Don't give up. Pete Veterans deserve real choice for their health care. Link to comment Share on other sites More sharing options...
HadIt.com Elder Wings Posted June 10, 2008 HadIt.com Elder Share Posted June 10, 2008 Claim has been on appeal with the BVA since 1998 and at the AMC since it opened in 2005. My claim set idle for a couple yrs after the AMC recieved several IMO's from Dr Bash. Last Dec it was denied stating they don't have the opinions or the c-file records I claim Dr Bash made the med opin from(service records). They also said they didn't have any records of me ever requesting a c-file or service records and can not verify thye "authinticity" of the ones I sent them. In March, I wrote them back and sent a copy of every ignored request for a copy of my file from 1975 until 1997 when they sent me what little I have. Now they've ordered another IMO. For what I don't know nor could I find out. I've recieved no notice from the AMC or the PVA regarding this. Allan, Go to the C&P Exam!! Have you researched "BVA rules of practice"; if they're not following their own rules, I'd complain to the OIG for losing your records and "fraud, waste and abuse". I'm sure you are hoppin' mad, but you gotta go to that Exam. Move that claim FORWARD, do whatever you can to get that decision. I have a suspicion, like John said, they will service-connect with this exam but want to change effective date. You can sort that out later. Hang in there brother!!! ~Wings USAF 1980-1986, 70% SC PTSD, 100% TDIU (P&T) Link to comment Share on other sites More sharing options...
Question
allan
These bandits ordered another IMO as of may 27th. When will this crap stop?
When this opinion comes back from their whore, should I let it all get processed and denied so it will go to COVA?
If I NOD or get another opinion and send it in, this will just keep this 1998 docket case in the remand mode, correct?
Thanks for any replies........
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