Does Anybody Recall A Regulation Or Court Decision?

[jlshand]

Thought I had seen somewhere in my research that the VARO's are supposed to give precedence to Independent medical Opinions over VA employed MD's

Might have been in a BVA decision or even someone on this board.

Does anybody recall seeing something to this effect?

[vaf]

See if your situation resembles that of the veteran in Sklar v. Brown, U.S. Court of Veterans Appeals, No. 91-1586, in a decision dated 5-18-93. In that case, the Court held that if there is a diagnosis by a specialist, and the only evidence against the veteran claim is a contrary opinion by a non-specialist, then the findings of the non-specialist should carry little weight.

We've argued that my husband's C & P exam was flawed, and the denial based on that exam should be thrown out. The exam was performed by a non-Board certified internal medicine doc whose opinion was given more weight than my husband's personal Board certified internal doc and a non-VA Board certified surgeon who performed my husband's carpal tunnel surgery.

[john999]

Vicki

What I might do is get another IMO and submit as new evidence instead of arguing with the VA. These arguments can go on for years via BVA and remands. Let the VA rule on the new evidence. Berta often says surround the VA with evidence.

[vaf]

Will there much of a difference between the date you first submitted the claim and the date of the new IMO?

Our experience has shown that eventually everything ends up at the Board anyway, regardless of what we provide to the VARO. I hope you have better luck.

Let us know how you make out.

[carlie]

John,

I sure do agree with Berta on that. If you can afford it, to see another doc that is, just slam the hell out of VA with more evidence. Be sure though to study up on IMO requirements the IMO doc needs to cover or VA will knock the IMO and state

it's not valid as it was prepared contemporary to your claim. IMO doc needs to state that after reviewing your SMR's it is his medical conclussion that your disability of (diagnosis)_______, manifesited by(symptoms)______,and/or

documented by findings of (lab results, x-rays, etc...)_______, are definetly

related to your (if possible) documented military injury injury or illness.

Then list his credentials and/or specialities.

Only my opinion from my pea brain. Good luck buddy.

carlie

[jlshand]

Carlie,

Can you clarify what you meant in your statement that the VA denied an IMO because it was "contemporary" with the claim?

Did you mean the IMO didnt have some variation on the theme of the Dr. stating "after a complete review of the medical history"

Thanks

[carlie]

In a past RO denial of mine the adjudicator stated in reason & bases :

"We do not find her testimony as to the incurrence of inservice injury to be of sufficient probity to weigh in equipoise (balance) with medical evidence prepared contemporary to the time frame in question."

This was actually the VA going against their own VA C&P doc's info.

It took a few years to beat it down, but the truth finally rose to the top as it usually does if you hang in there.

Hope this helps someone.

carlie