Jump to content
Using an Ad Blocker? Consider adding HadIt.com as an exception. Hadit.com is funded through advertising, ad free memberships, contributions and out of pocket. ×
  • 0

What Cfr Regs Should Private Dr Use To Refute Claim?


halos2
This thread is over 365 days old and has been closed.

Please post your question as a New Topic by clicking this link and choosing which forum to post in.

For almost everything you are going to want to post in VA Claims Research.

If this is your first time posting. Take a moment and read our Guidelines. It will inform you of what is and isn't acceptable and tips on getting your questions answered. 

 

Remember, everyone who comes here is a volunteer. At one point, they went to the forums looking for information. They liked it here and decided to stay and help other veterans. They share their personal experience, providing links to the law and reference materials and support because working on your claim can be exhausting and beyond frustrating. 

 

This thread may still provide value to you and is worth at least skimming through the responses to see if any of them answer your question. Knowledge Is Power, and there is a lot of knowledge in older threads.

 

spacer.png

Question

Dr is unaware of C.F.R.regulations...wants to know regs needed to dispute VA denial. Can give diag and facts regarding SMT records but is not knowledgable with which Regs to refute as basis...like they use one as there basis for denial and he does not know the one's to use against the one's they have used as to generate a positive outcome for vet.

He wants to assist but needs help with back pain, disc problems, and radiation down legs too for the

info Regs.

Any ideas? He has read VA exam forms. Doesn't have C.F.R. book and is not about to purchase one either. He should or should not use cases familiar in his report documentation. Those were vets who won their case as, Thump vs VA case 123456 as examples or just keep it to this case and load it up with facts.

He prefers to have Regs to use to collaborate his medical information.

Assistance needed, and appreciated.

Link to comment
Share on other sites

  • Answers 5
  • Created
  • Last Reply

Top Posters For This Question

Popular Days

Top Posters For This Question

5 answers to this question

Recommended Posts

  • HadIt.com Elder

I did some searching and I now understand why you were denied. You need to have a few things in order for your IMO. You may have already done some of these things. If not, do them in this order:

1. Send off to NPRC (St. Louis, MO) for ALL of your SMR's and any other records they may have on you.

2. Go to the ROI office at your VAMC and request a complete copy of your VAMR's.

3. Go to every doctor that you've ever seen and get a copy of all CMR's. Of course, if they are dead, retired, or in jail, you won't be able to obtain these, but get as many as you can.

4. Print off a copy of the C&P exam worksheet for the spine. This can be found in the Spine Claim Repository, or you can Google "C&P Service Clinician's Guide." You need to have your IMO doc use this exam guideline, verbatem.

5. Print off a copy of the rating criteria for the spine, which also can be found in the Spine Claim Repository. This will be 38 CFR 4.71a. This is the medical language that your IMO doc needs to use.

6. The key phrases that your IMO doc MUST USE in the IMO report are: "I have reviewed the veteran's complete medical history, to include all past medical records from the USAF, the Veterans Health Administration, and all civillian medical records." "The veteran's current spine conditions are at least as likely as not related to the injury sustained on (date listed in the records) while on active duty in the USAF."

7. The IMO doc also needs to state his cirriculum vitea in his report.

If you follow these instructions, you shouldn't have a problem. Good luck!

Link to comment
Share on other sites

Hello All Hope All Is Well. I have attepted this with an Orthopedic Physcian for my Knees He did not follow these guidelines I had asked him to follow precisely needless to say I have to do this all over again.He did not want to put down or embarass another physician.

Link to comment
Share on other sites

  • HadIt.com Elder
Hello All Hope All Is Well. I have attepted this with an Orthopedic Physcian for my Knees He did not follow these guidelines I had asked him to follow precisely needless to say I have to do this all over again.He did not want to put down or embarass another physician.

He doesn't need to put down or embarass anybody. There is no need to even mention another physician at all. They simply need to perform a exam, under VBA guidelines, and give a report in VBA language.

Link to comment
Share on other sites

Shane has provided good information for you. However, the biggest, most badest way to refute their denial is your doctor providing medically sound evidence pertinate to your disability and IMO's in support of your claim which are based upon opinions and treatments currently accepted by the medical community. Although they try to, the VA can not argue with such evidence and opinions.

Link to comment
Share on other sites

  • veterans-crisis-line.jpg
    The Veterans Crisis Line can help even if you’re not enrolled in VA benefits or health care.

    CHAT NOW

  • Advertisemnt

  • question-001.jpegLooking for Answers? Here are tips for finding the answers you seek.

     

    All VA Claims questions should be posted on our forums. To post, you must register. Registration is free. You can register for a free account here.

     

    You can read the forums without registering.

     

    Tips on posting on the forums.
     

    1. Post a clear title like ‘Need help preparing PTSD claim’ or “VA med center won’t schedule my surgery” instead of ‘I have a question.
    2. Knowledgeable people who don’t have time to read all posts may skip yours if your need isn’t clear in the title. I don’t read all posts every login and will gravitate towards those I have more info on.
    3. Use paragraphs instead of one massive, rambling introduction or story. Again – You want to make it easy for others to help. If your question is buried in a monster paragraph, there are fewer who will investigate to dig it out.

     

    Leading to:

     

    Post straightforward questions and then post background information.

     

    Examples:
     
    • A. I was previously denied for apnea – Should I refile a claim?
      • Adding Background information in your post will help members understand what information you are looking for so they can assist you in finding it.
    • I was diagnosed with apnea in service and received a CPAP machine, but the claim was denied in 2008. Should I refile?
       
    • B. I may have PTSD- how can I be sure?
      • See how the details below give us a better understanding of what you’re claiming.
        • I was involved in a traumatic incident on base in 1974 and have had nightmares ever since, but I did not go to mental health while enlisted. How can I get help?

     

    This gives members a starting point to ask clarifying questions like “Can you post the Reasons for Denial from your claim?” etc.

     

    Note:

     

    • Your first posts on the board may be delayed before they appear as they are reviewed.
    • This process does not take long.
    • Your first posts on the board may be delayed before they appear as they are reviewed. The review requirement will usually be removed by the 6th post. However, we reserve the right to keep anyone on moderator preview.
    • This process allows us to remove spam and other junk posts before hitting the board. We want to keep the focus on VA Claims, and this helps us do that.
  • Most Common VA Disabilities Claimed for Compensation:   

    tinnitus-005.pngptsd-005.pnglumbosacral-005.pngscars-005.pnglimitation-flexion-knee-005.pngdiabetes-005.pnglimitation-motion-ankle-005.pngparalysis-005.pngdegenerative-arthitis-spine-005.pngtbi-traumatic-brain-injury-005.png

  • Advertisemnt

  • VA Watchdog

  • Advertisemnt

  • Ads

  • Can a 100 percent Disabled Veteran Work and Earn an Income?

    employment 2.jpeg

    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

×
×
  • Create New...

Important Information

{terms] and Guidelines

<——>