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Question
Guest Berta
This site is updated continually- dont know if I already posted it at hadit-
very interesting
http://www.vba.va.gov/bln/201/reports/mmrindex.htm
Also http://64.233.179.104/search?q=cache:MV4rD...k&cd=7&ie=UTF-8
This is a real beauty- a long report---
I am always griping about BVA remands and how they could-in many cases- have been prevented by better claims work at the VARO level-
Well- this report from the VBA web site reflects exactly what I mean-
The bad part is-this report identifies these issues and why they occur yet it is dated 2001!
The time it took to prepare this report-is more time than a veteran can expect from the VARO with a valid claim-
They mention the Triage teams, Tiger teams, Appeals Coach etc blah blah blah but since 2001
yet one can still find numerous remands at the BVA level that ask for things that could have been acquired right from the git go at the VARO level-
I blame the VA but there is a lot of responsibility to well paid SOs or vet reps to really help the veteran get what they need-or at least tell them some avenues of approach- lke considering a private IMO, or giving them some Find a vet web sites- etc- etc--my local vet rep says he gives vets our hadit cards-but I wonder if he really does-
and then again- the VCAA letter that they are supposed to send (still waiting for mine after 2-3 years)
should specify what the VA needs yet it appears that it doesn't always state what it should-
Any vet with a claim at the BVA should continue to seek more evidence and send it into the VARO-
Terry said they have a year and half wait at the BVA-
in that time any vet at the BVA has plenty of time to find more evidence before they get a remand asking for the same thing---
On a Statement of a Case -denial under Reasons and Bases- that is the key to your claim-
whatever they say is lacking is what you need.
If it says your SMRs are silent for any evidence of the disability- you might need buddy statements- but certainly double check your SMRs yourself first for anything symptomatic of your condition.
If they say you are claiming PTSD but have an unrelated to service mental disorder-get the PTSD diagnosis-from a real psyche doc if needed- and then proof of the nexus-
If it is a denial of increase in rating make sure that the diagnostic codes they have used actually reflect your condition and that they have used as evidence ,all medical information to support the increase as well as any lay statements (notarized) if needed.
If you have a good IMO I suggest adding to this any ineternet medical treatise printouts to support it as well as making sure that the IMO doctor has stating a basis for their rationale-
Example : Dr. Bash-in my IMO- stated under Special Knowledge-his specific experience as Neuro Radiologist that supported his ability to opine on my husband's specific areas of brain damage as consistent with his untreated diabetes-he added he had read the MRIs,CTs and X rays of thousands of diabetics and correlated this with the clinical record. He wrote more too but this is the type of strong rationale that the VA does not like to see-so they can deny the claim.(after receipt 440 days ago and numerous copies sent since---- the VA still has not even acknowledged this IMO-so I feel it must be pretty good!)
One of my vets- to punch up his IMO- I found this doc had spoken at a large medical symposium on the same disability the veteran had and we attached a printout of that information to the IMO stating it supported his expertise and his rationale.
VA is quick to point out any "rationale" that is lacking in an IMO-
This however gets me- I had another vet with a good IMO but they favored the VA opinion over it-
so the vet went to a shrink and asked the shrink for an IMO as to his nexus and the shrink
gave it to him-this was NOT a medical shrink issue at all-
the VARO actually awarded then because the vet had 2 IMOS and they never attempted to say the shrink had no expertise in the field of his actual disability.????It was a Psychiatrist however-therefore an MD-
I dont think they would have bought this from a psychologist.
Edited by BertaLink to comment
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