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What Cfr Regs Should Private Dr Use To Refute Claim?

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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.

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  • 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!

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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.

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  • 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.

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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.

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