I Am Not Sure

[bubba]

I got a letter from the va it says decision review officer or traditinal appeal proces select option form

It says i request my case be reviewed by a a decision review officer or

i request to folow the traditional appeal process. Which one is better?

[bubba]

Berta: I know it would be better if the Veteran got his own IMO as to nexus, but if it is not financially or otherwise possible, if you show records of a service connected injury or disease, and a present finding of save, is it possible and could you have some legal expectation under VCAA that if you make a formal request from the VA for help in getting an IMO, that they will comply and if they don't, you have a case under VCAA that they failed to assist you in proving your claim?

I know it is probably doubtful you would get the answer you are expecting from a VA requested IMO, but it would at least give you a possible avenue for an appeal, if the IMO was done incurrectly.

It seems the more you can get the VA to do and it ends up they have done it incorrectly, it only gives you that much more support to finally win out on your claim.

Gives someone enough rope and eventially they will hang themselves.

Jim S. :)

VCAA that if you make a formal request from the VA for help in getting an IMO. ok what is the vcaa and what is imo? sorry don't know much about the va process still learning thanks for all the help

[bubba]

I was thinking about calling the dav and asking them what they think. They have always done pretty well.

[Guest Jim S.]

Sorry Bubba: on our other sight you will find a section with the translations. www.hadit.com

"VCAA that if you make a formal request from the VA for help in getting an IMO. ok what is the vcaa and what is imo? sorry don't know much about the va process still learning thanks for all the help"

VCAA ---------Veterans Claims Assistance Act ( The VA is obligated to tell you what it will take, to prove your claim and what part of that, they will try to locate for you and what part, you will have to provide.)

IMO------------Independent Medical Opinion ( an opinion from another Dr. or Specialist in the field they are making the opinion on, who checks your records and with his own findings comes to an opinion on whether your Service injury or illness and those and/or residuals, and/or secondary problems are related to the time they happened in service.)

The other site may give you a better answer and more in line with the law, regs, and other aspects of the VA adjudication procedures and such.

Jim S. B)

p.s. face it, it saves a lot of extra typing. LoL :) Oh! LoL (laugh out loud)

[bubba]

ok when i do get my service records i just take them to my family doctor and they he makes a statement or do i have to go to a specialist? I have 60 days to make a decision which one i will choose dro or traditional appeal process. Sounds to me that if i go through the dro takes longer is that correct?

[Guest Jim S.]

Bubba: For the IMO to have any weight, the Dr or specialist will not only have to review your records, but he will have to conduct his own test and examinations and show how he supports those findings and how the relate to your records to show a nexus.

He could give his opinion on your records alone, but it would have more weight if his opinion was based on seperate findings and then shown how they relate to show nexus between the two. A list of his qualifications and/or experience would be helpfull also. If he has or if he had written any papers or treatese's on the subject he is making the opinion on will also be of help.

All this takes time and money, but you may have the time, given that a DRO review may take some time, but unless you have the money or a willing Dr/Specialist to give you the IMO, the subject is pretty much a Mute isssue.

You could do a Google search on your problems and see if you can find papers or treatese that show the connection between service issues and those now, but ithat doesn't mean the VA will accept them or give them any weight without some medical imput with them.

Jim S. :)

[wallyg]

It seems to me that a major point is being missed here. You only have 60 days in which to submit a Form 9, once a year has passed since the initial filing date.

You can ask for a DRO review and at the same time submit a Form 9 for a BVA review. Varo will sit on the Form 9, generally for a long time. I have one they have been sitting on for over two years.

You can add information to the Form 9 at any time after it is filed, until VARO notifies you they are sending it to BVA. You can still add to it when it is at BVA, until it is calendered.

HOWEVER, YOU ONLY GET ONE CHANCE TO FILE THE FORM, so get it in NOW.