Seeking Granted Imo Documentation Re: Back Disability For Such Claim

[halos2]

Seeking to view a report that address particularly lumbar sacral SC injury. Am seeing a physician to assist with IMO, but he is not at all familiar with the processes involved. He is not knowledgable of VA Regulations and has no clue what C.F.R.38 even means.

Trying to explain the avenues to follow and forwarded IMO informational steps per Berta.

Have searched many BVA cases and copied about 70 but they do not reveal the true IMO, and only referrence parts of it and may also address some regs noted in the IMO.

File is at BVA and the clock is ticking. Any case studies with specifics addressed will be greatly appreciated. These will be used only as a guide by the physician.

Lumbar strain, sprain, spasms noted would be greatly appreciated as these are the areas specifically addressed in SMR injuries.

SMR identify 2 months treatments and medical records address continuation of chronic back pain from 1969 to current.

Tick-tock, tick-tock

[Rockhound]

Two things that come to mind but having no need to have reviewed them you will have to determine if they help your Dr in his IMO.

The C&P examination gude sheet for the particular exam you require or if it is necessary for more than one different exam guide, to cover your condition, then those to. and...

The Disability Rating Schedule in the 38 CFR's that relate to your condition, here again if one or more of the rating schedule covering different areas of your condition then use those to.

One thing to remember is that anything that he determines or opinions on, he must support it with more than just his own personal opinion. He must have reviewed your medical records from the time in service when it was first noted, till now and when he says it is related to service, then it must either say it is as likely as not, more likely than not, or definitely as a result of your in-service condition. there again, his saying so must be supported by more than just his personal opinion.

Giving him some examples of excerpts from court cases showing how the Dr supported his opinion may not be bulls eye on point for your condition, but it will halp him understand what is needed to support his opinion. References to tests, exams, xrays, MRI, CAt Scans, etc. help. Even from his own experience of similiar cases with your condition, if he has been doing this for a while.

I hope others will jump in on this, since I can only give you some general things to do to help your Dr. I just hope he is patient and caring enough to follow through, if he is needed to explain or support further, anything he has put in the IMO, that the VA finds lacking or unpersuasive.

Good luck and I know the time is ticking. Maybe you should see if you can get an extention of time to present your appeal to the BVA, that is if you need and/or want more time, so you can give your Dr the time he needs to give your IMO what it needs for you to win.

Jim :P

[halos2]

Jim (Rockhound),

Thank you and I have copied so many cases involving back injuries and highlighted so much it would make your head spin. I know the IMO's write more specifics then are in the case files, as the hightighted area are addressed here.

Also he nor I am really familiar with a specific format...

problem:

evidence:

contributing factors:

assessments:

all diagnostic studies:

? citing regulations????

Reference material:

The best or most conducive way to address my claim and pin point the facts they overlooked in my SMR-now called STR(service treatment records).

It is like both of us are going through a dense fog trying to find our way through.

We have read case studies/claims but the evidence is very minimally addressed in these on the net, so that is where we get stuck.

All of the documented injuries, testings, therapies etc have previoulsy been brought forth in the previous IMO's...I think they want more specifics regarding readdressing what has occurred from the eighty's and ninety's. However they use my disc summary as evidentiary but the date of injury is not valid on the typed entry nor is the summary they type correct either. Pages of STR indicated injury, treatments, PT, ortho eval, meds, rest, treatment, etc and they state no problem, no sequella from one time injury to lumbarspine was treated with meds.

What do I do to get their blinders off, Get Dr to write "Hey people look at her STR and you will see problem was never solved, and has continued all there years."

I think narrowing down the specifics again and using references this time and rebringing the info into light may help.

No references were cited on last IMO's.

How much is too much?

How little is not enough?

Tic-tock tick-tock

[carlie]

I would make a copy of the appropriate C&P Exam to take.

Also, you can print out Section 4 - the DC's that you feel

would apply to your conditions, what the different percentage

requirements are.

I doubt the IMO doc will read over 50 or so past decisions

but maybe take 5 or 6 good ones with you to leave for the IMO

doc's reference as to what VA is looking for.

jmho,

carlie

[halos2]

CARLIE,

I COPIED THAT MANY CASES AND HIGHLIGHTED THE INFO PERT. TO THE DISABILITY. Sorry for the caps..my keys are sticking. Y key sticks alot?? The references I think, I need to look up more to use for my cites used.

I live in a very rural area 2000 people, and I do the work, look up everything on computer old cases,and read so many books, and review the evidence with them , highlight all pert. aspects and they review it and add or delete anything they might want to then give it back to me, and I review it again and they sign. My last ones were 3 pgs each.

So do I try to stay within those amount of pgs or is it ok to go to 4 or 5 to get the pert. information to justify and clarify my status?

(Been a nurse 34 yrs had an operation and am totally disabled 6 yrs. Total bummer suffered over 38 3/4 yrs and now just exist...) Now will continue to suffer forever mentally, physically, and hopefully not financially for the rest of my existence.

[halos2]

Looked up in search "herniated disc" and found 6 pages...viewed all 150 entrys and found many so informative.

Some special ones were:

Hoping Someone Can Give Me An Answer To Fed Regulation, Misconduct Etiology Dec.7, 2005 on page 6

Degenerative Disc Disease Jan 12,2006 page 6

SC Denial for Lumbar injury 13 Feb 06 page 5

Vike an All New IVDS Training Letter info link page 5 Carlie's complete info listed

Dr IME (Copy of one's actual IME) Dec 12 06 page 5

Veterans Board of Appeals takes Dr Bash's opinion over VA Doctor (case study here)Oct 12 06 page 4

New Evidence IME, Opinion, Line-up and ready for the AMC-BVA (psych report here) Jan 17 08 page 2

Remember these are but a few which offer MUCH insight, information, Regs, Direct studies, and personal experience given to vets by some very knowledgable vets...not inclusive...

Good luck to all with researches, and thank you to all who are allowing me the opportunity to learn from your teachings too. ;)

Edited August 7, 2008 by halos2