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Getting An Independent

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Berta

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Independent Medical Opinions can often be the only way a veteran or widow can succeed on a VA claim.

Opinions obtained from private treating doctors are often free yet most independent medical opinions are needed from doctors with full expertise in the field of the disability can be very costly.

However an award can easily absorb this cost with a few comp checks or the increases in comp that the claimant might never obtain without an IMO.

A Valid IMO must contain the following:

The doctor must have all medical records available and refer to them directly in the opinion.

In cases involving an in-service nexus- the doctor needs to read and refer to the SMRs.

Also the doc needs to have all prior SOC decisions from VA particularly those referencing any VA medical opinions or a copy of the actual C & P results.

The doctor should define their medical expertise as to how their background makes their opinion valid.

In other words a psychiatrist cannot really opine on a cardiovascular disease.

An internist cannot really opine on a depression claim.

The doctor must have some valid medical expertise that makes his/her IMO valid.

The doctor should state their opinion in terms of “as least as likely as not”, or “More than likely” as to the present disability and the nexus to the veteran’s service medical records or other SC disabilities, if the medical evidence warrants them to agree with the claim.

They should then refer to specific medical evidence to support their conclusion.

They should rule out any other potential etiology if they can-but for service as causing the disability.

They should briefly quote from and cite any established medical principles or treatises that support their opinion.

They should point out any discrepancies in any VA examiner’s opinion-such as the VA doctor not considering pertinent evidence of record in the veteran’s SMRs or Clinical record.

They should fully provide medical rationale to rebutt anything that is not medically sound nor relevant or appropriate in the VA doctor’s opinion.

They should attach a full Curriculum Vitae if possible or list their expertise within the opinion and tell VA of any special medical background they have that also makes their opinion valid. (For example, how long they have treated patients with the same disability, any articles they have written, or symposiums attended etc,)

It helps considerably to identify pertinent documents in your SMRs and medical records with easily seen labels as well as to list and identify these specific documents in a cover letter that requests the medical opinion.

A good IMO doctor reads everything you send but this makes it a little easier for them to prepare the IMO as to referencing specific records.

Send the VA and your vet rep copies of the signed IMO.

And make sure your rep sends them a 21-4138 in support of it- you also- can send this form (available at the VA web site) as a cover letter highlighting this evidence.

PS- Mental disabilities- make sure the doctor states that you are competent to handle your own funds- otherwise, if a big retro award is due-the VA might attempt to declare you incompetent and it takes times to find and have the VA approve of a payee.

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Well, I guess that takes care of that issue. Time to start working on a new claim.

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Medical statements regarding possible Service Connection:

Is due to- 100%

More likely than not- Greater than 50%

At least as likely as not- 50% (Benefit of doubt goes to Vet)

Not at least as likely as not- Less than 50%

Is not due to- 0%

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Carlie, do you think it would be a wise idea for me to get an IMO. My claim is on appeal at BVA. I am not in front of a VLJ yet, but soon. Can I submit it as evidence with a waiver of consideration from the regional office?

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Well went yesterday for IMO. Doctor is going to test me tomorrow. He said something off the wall that I didn't understand to begin with. He said my condition could be caused by sleep apnea. I have been out of the military since 2005 and was never diagnosed with sleep apnea. I only had problems with GERD. Anyway, we'll see what he comes up with, probably the same as the VA, although the VA disregarded their own evidence.

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There is considerable info on the net, such as:

http://www.acidreflu...sleepapnea.html

associating GERD with sleep apnea.

"I have been out of the military since 2005 and was never diagnosed with sleep apnea. I only had problems with GERD"

It those problems were documented in your SMRs and/or you have already been SCed for GERD, then a medical statement from this doctor ,confirming what he said, along with a full medical rationale, will gain you SC for SA as secondary if the SA is claimed.

Is he familiar with and following the IMO criteria here at hadit for the proper wording of an IMO that VA would be familiar with?

Edited by Berta
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Yes, i spoke with him at length about the VA, and he is well aware of the 5P's regarding the VA. I am not SC for GERD yet, I am awaiting a VLJ to look at my appeal, but I thought it was interesting that he brought that up. I didn't even know what sleep apnea was, except maybe for snoring, let alone it was tied to GERD. I have never been told or treated by the VA, not military for it. I have been discharged for over 7 years now. I basically told him I needed his IMO on my condition, I presented all Records (VA, Military).

I guess if I am diagnosed as having sleep apnea, he feels it could be related to my GERD, which started in Service. I have a BVA appeal pending on GERD,.....What should I do? Just proceed with the appeal, then re file another claim of SA?

Edited by qwiksting
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