Ro's Response To Imo....

[vetwife]

Hi all,

We got a IMO from Dr Bash for my husbands claim. Please read the attachment on the response from the RO in their decision (denial) letter. bash.bmp

This claim is a 1151 - the RO never ever sent him for a C&P , never got their own opinion, just swept this under the rug. Then they knock the IMO that we sent - the only medical opinion there is on this claim - it's not even disputed - because they never sent my husband in for one..... This came a while back...I'm am still REALLY upset.... please read & give me opinions on what to do ( I have just filed form 9).

I have his records! They x-rayed the wrong ankle & then reported that he only had a sprain - when he actually had a fractured ankle bone. They had him walking on it for over 4 months in excruciating pain before finally doing an MRI & seeing it was still fractured.

The decisions also reads "there is no evidence the VA caused additional damage" Could they truly believe walking on a fracture for months wouldn't cause additional damage?

If I am wrong - please set me straight here.... he ended up with sever nerve damage & having to have his whole ankle fused together. But they think they didn't cause additional damage? Is that possible?

[Pete53]

Poolguy even the more interesting as Dr Bash is not a VA Hack Doctor which the VA is loaded to the gills with.

[john999]

I live in a pretty large metro area. Every old, broken down doctor who retires from his practice, and still wants some money goes out to the local VAMC ,and gets hired. I have seen two of my old civilian doctors reincarnated as VA doctors. Fact is they were pretty good docs, but they are old guys now. I even saw the same shrink I saw in 1972 still working at the local VAMC. He was in his 40's then. He retired and came back as a consultant doing the same awful job he did back in the day. These guys are in their 80's. The VAMC is the elephant graveyard for old doctors. Perhaps as more lawyers get involved they will find doctors to send vets to see who know what the VA wants. This is how it works in SSD.

[poolguy11550]

Poolguy even the more interesting as Dr Bash is not a VA Hack Doctor which the VA is loaded to the gills with.

Pete, I agree a few doctors where I am at only do C&P exams for QTC. That is all they do so are they hacks because they advertise services with QTC? Yes, there doctors that tend to lean heavily toward the VA's position especially on remands- the ROs knows this.

The bottom line is that this is an legal process- each can bring their evidence in the form of medical opinions as long as the doctors meet the law in qualifications the VA must weigh it as such. Its only to bad that many of the ROs don't understand that.

In fact, the veteran should review the QTC or VA's examiners background and report negitive issues back to the R/O. If they can do it- so can the veteran. Personlly, I am at odds with a VA C&P exam conducted by an physician assistant to counter Dr. Bash's opinion. Go figure.

Edited December 23, 2008 by poolguy11550

[spike]

I'd continue to argue the case. Have you asked for a DRO review with a representative?-a VSO to represent you. IF that doesn't work Appeal it to the VBA Appeals in DC.

[poolguy11550]

I'd continue to argue the case. Have you asked for a DRO review with a representative?-a VSO to represent you. IF that doesn't work Appeal it to the VBA Appeals in DC.

Forget the VSO. At this stage this claim is too complex- don't let just anyone handle this for you.

[john999]

I sent someone to the psychiatrist I used for my IMO that got me TDIU. His IMO was rejected because they said he was doctor shopping. I read his IMO and it was really terrific. The doctor we used was an ex-VA shrink. They incorporated that shrink's opinion directly into my rating decision, but rejected my frieds's IMO from the same shrink. I think the VA was doctor shopping in reverse. We both had the same psychologist, and he eventually got 100% and HB. The VA orginally rejected my psychologist's opinion even though I had been seeing him for 30 years. They relied on a psychiatric resident over a clinical psychologist with 35 years experience.