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]

I finally got my service records today in the mail. I was looking through them and i noticed something, the thing that i was trying to claim which they denied for serice connection was there. To get an imo do i need some special paperwork to take to my civilian doctor. Or just his medical opinion on looking at my service record is all that is needed?

[Guest Berta]

Bubba- that is good news-

Jim S gave you an excellent run down for an IMO in a previous post here-

There is no special form and Jim covered all of the bases for the IMO-

They seem to try to knock down independent medical opinions by questioning two specfic things-

whether the IMO doctor lacked all the records (in your case he would need to see the SMRs and then refer to them in his opinion that he read them and could opine as to the actual nexus (link)

and they like to say the IMO doctor gave no "rationale" for the opinion-

Jim covered that too-

they mean the doctor's medical expertise that would be sufficient to give an opinion.

This really gets me- when I see the VA stating that a veteran's SMRs are silent for any evidence of a specific condition- I never believe them.And if they say that the SMRs cannot be obtained- I sure never believe that one either-or 'lost in the St Louis fire"- dont buy that one without attempting to get SMRs yourself.

[bubba]

ok now that i got my service records i am trying to find a local doctor that will review them. any suggestions? I have contacted dr bash but i am still waiting for a response.

[SLEDGE]

Since I've never been offered the option of using the DRO, I believe the DRO could be the best option in your case.

Any appeal or remand will take a long time anyway.

Use the time to make sure you have your ducks in a row.

Lay it all out with reference notes all over the place so you can make a substantially favorable presentation to the DRO.

Act like it's a one shot deal and go in loaded for bear.

sledge

[carlie]

Bubba,

This is one long thread to follow back, if your comfortable with it can you tell us the basic reasons the regional office denied, low-balled, or granted incorrect effective dates - what ever it is. If we know that, we will help let you know what you'll need for your Decision Review Officer. Also, if any way at all possible if you can travel to your regional office I would suggest you request a PRE-Decisional DRO Hearing.

This is a hearing you can attend face to face in person to present your evidence

and/or it may also be done as a teleconference. Any additional issues you should raise at the hearing the DRO is also supposed to address in the decision or SOC, or SSOC, but my sorry a** Dro did not do this as he evidently has not yet read and/or

understood his "Responsibilities of the Dro from M-21-1".

Another one of his "responsibilities" is training lower level employees, what a laugh.

OMO.

carlie

Edited March 6, 2006 by carlie

[bubba]

well i signed my paper yesterday and sent it up to to va. I am really thinking about using dr bash, take no chances. I am appealing 3 of them one for chest pain, which they said is not sc. The other is for allergies, i was at 0% but they increased it to 10%. I nod that becasue i have many food allergies on top of allergic to everything else. The other is asthma they denied it the first time saying no evidence. But if you look at my serive records doctor's oponion was that i had it. But they didn't diagnose it.