Why We Need Imos

[free_spirit_etc]

http://www.va.gov/vetapp08/files1/0805511.txt

The above case shows why we need to get IMOs, doctor opinions in support of the claim - or something..

It is a 2008 BVA case. Veteran served in Vietnam. Had lung cancer and COPD. The RO got a medical opinion that the cancer was caused by smoking, not agent orange.

This was the ONLY medical opinion on the record.

The wife, a nurse, testified - but they didn't override the RO med opinion -

"Accordingly, the only competent medical evidence of record

that discusses the etiology of the veteran's lung cancer is

the January 2005 medical opinion of Dr. R.T., which found

that the veteran's lung cancer was not related to Agent

Orange exposure. As such, there is affirmative evidence to

the contrary sufficient to rebut presumptive service

connection under 38 C.F.R. § 3.309(e), and service connection

for the cause of the veteran's death on a presumptive basis

is not warranted."

They rebutted the AO presumption with one opinion.

Free

[free_spirit_etc]

http://www.va.gov/vetapp08/files1/0802691.txt

Here's a good one.

The veteran was diagnosed as having

COPD which the examiner opined was due to cigarette smoking

and was not due to asbestos exposure.

However, a review of the records shows that the veteran has

repeatedly denied to VA examiners during outpatient treatment

and at his VA examination that he has used tobacco products.

Despite that history, the VA examiner opined that the

veteran's COPD is due to cigarette smoking.