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Need Precedent Opinion For Chronic Sinuitis And/or Rhinitis

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Rockhound

Question

If I am to explain to a ENT specialist what I need in a IME/IMO to help win my claim, I was hoping their is some Precedent Opinion that would help me or rather my specialist to know what they must provide in order for their opinion to be of sufficient value to rebut that of a NP C&P Examiners findings and what the VARO rater perceives as countering evidence?

I will continue to read what I can, but any help would be appreciated very much since my mind seems to work in sperts before it becomes fatigued to the point I must stop and start fresh another day.

Rockhound Rider :lol:

Are you a paranoid schizophrenic

if the ones you think are out to

get you, really are?

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I wish I could afford someone like Dr. Bash or someone who is famiiliar and adept at this type of VA examination and opinion, but I can't. I am limited by the funds I have each month, and even then I have to do without the only thing I control of, my dietary needs or cost of food each month.

Once winter comes, I have no options open to me what so ever, since any extra funds go towards heating costs that I don't have in the summer months.

There fore I take what I can and hope for the best. I do go into this letting the Dr know completely what I am looking for and hope they will understand what is expected of them and what their IME/IMO must have and show so that the VA cannot then say they did not review my medical history, give a medical rationale, and a proper opinion as to severity and being because of what happened while in the service. etc. etc. etc..

I managed to get onto the uptodate site and download the complete report, a lot that the C&P examiner did not state in their rationale. In all that I have found, which was referenced from this same report, Structural abnormalities such as trauma to the nasal bone and deviated septum, can be the cause of such conditions as Sinusitis and Rhinitis. Especially when such abnormalities cause the natural air flow thru the nasal passages and sinuses, to be changed. Causing obstruction is the key component here.

Rockhound Rider :rolleyes:

Are you a paranoid schizophrenic

if the ones you think are out to

get you, really are?

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If the report does contains anything to support your claim-then it is worth your while to rebutt the examiner with the same report she used.

I did this when a VA endocrinologist was using ADA info to support her negative opinion in 2005.Her report however contained support for my claim and when taking in it's context - with the ADA info-I felt I proved Relative Equipoise- but still the VA did not consider it -but Dr. Bash did.

Dr. Bash is not the sole doctor who could do an opinion for you-and this is not a field of his expertise.

If the report helps your basis of your claim-by all means rebutt the VA doc with it-highlighting the points that were ignored by the VA examiner.

Didn't someone here mention Mark Lippman ? A vets attorney who might extend the IMO fee until the claim is awarded?

Under National Organization of Veterans Advocates, there is a list of lawyers there and some others might be extending the IMO fee until retro comes as well.

If you do approach an IMO doc yourself and if they follow the IMO criteria here at hadit- and if their opinion is fully favorable- then Relative Equipoise should award the claim.

They could expand on that report -if the VA examiner left out critical information from it.

Also an IMO doc who has expertise in he specific field of disability a veteran has- also has access to med info we dont have.

I was considering purchasing Brunwald -a top of the line medical text-but this medical book is about 400 bucks and impossible to print out excerps from on the net-

Even though Brunwald supported my claim- the VA could have again ignored any print out I sent them from this text.

My IMO doc however quoted Brunwald, and the very page that supported his statements.

The BVA did read that quote.

I had a thought this AM that if the VA SCs CAD directly to AO- per the new IOM findings-I could have saved thousands in IMOs I spent.

The last one I ordered and paid for was not even prepared when I got my award and I called the IMO place and they refunded a partial amount of the fee and sent the med recs etc back to me.

Still-at the RO level- no one had read any of my evidence at all for 6 years but for one thing-in the initial VA examiner's report.

I was right on that and the BVA decision referred to it-

but lot of good it did me-being right-

until I got those IMOs.

I dont know what type of precedent opinion would help you-

the regs state awards can be made when the evidence for and against the claim are equal- Relative Equipoise.

But these days that means Doc for and Doc against-

in many claims and even with a strong IMO the VA can continue to rebutt-if they ignore the IMO.

GRADUATE ! Nov 2nd 2007 American Military University !

When thousands of Americans faced annihilation in the 1800s Chief

Osceola's response to his people, the Seminoles, was

simply "They(the US Army)have guns, but so do we."

Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.

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  • HadIt.com Elder

Rock,

you can apply for energy assistance to pay for your wood, gas or electric through DSHS or your county/community services. This was almost eliminated during the Bush administration, but funding is now available again for those in need.

Sometimes we just have to put our pride aside & stand in line at the food banks or food stamps in order to survive.

If you have children, you can file for "aid to dependent children" through DSHS.

This will help take care of your family with health care as well until SSI/SSDI is approved.

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Thanks to the VA and the US Government, I have very little pride left. A government and/or government agency such as the VA, that freely accepts the help from their citizenship, with the promise to take care of them, both medically and/or finanancially, should they become ill or injured during and as a result of that serviece, doesn't deserve the taking of the last bit of pride I have left.

It's not pride that is keeping me from the progams out their to assist those in need, it just that the threshold to meet these programs are such that I make, after allowable deduction, to much income. Some programs don't consider your SSDI or VA Compensation as income, but the program you speak of, does. I make about, so they say, twenty to forty dollars to much to qualify me. I was on, or rather I did at one time, when I was only getting the VA NSC Pension meet their stiff requirements, but that lasted all of one winter and then I was qualified for SSDI, which paid more, loosing my NSC Pension, I made about 20 dollars to much then, so I was no better off while I was on the NSC Pension with help,than I am now on SSDI and 10% SC with no help availble now, because I can't meet the lower income threshold anymore.

With everything costing more these days and our disability checks not even coming close to keep pace with them, I see no further help in the coming years, unless I can find some way to beat the VA or rather win what I feel I deserve and I might add that I do not plan to try and push through any disability I might have, I only want those that, by rights, I truely have coming to me. I haven't even considered a 100% total rating at this time, since I live alone and have managed to do the bare necessities, I just need the financial assistance, that my current disabilities that I believe are SC'd, so that I can continue to live on my own and not have to always be keeping my hand out, each and every time I need extra assistance, such as help with utilites, and other household expenses. It would also be nice, for once, be able to draw up a diet menue that my VA Nutritionist says will help me to loos weight and have the funds available to spend and not worry that I have spent to much on food and now don't have enough to pay ofr my winter heating costs.

Last Winter, my frostless spicket, somehow did not drain off the spicket head after it was turned off and the water that was left inside the head, froze and busted it. It wouldn't be such a problem, but it is the only outside source of water to feed my swamp cooler and if you have been following the weather temperatures for northwestern NV, you would know how hot and miserable it is without some sort of air conditioning. Both me and my new little Kitten Tammi aren't doing much, since the heat just sucks the life out of us. I'm not even worried at how much more my electric bill will be when running the swamp cooler, it cirtainly can't be that much more than running a fan all day and all night.

The cost of my rides into town have more than doubled as of this month, so I have to take that into consideration when winter comes once again and I have to do some fancy scheduling to make sure that when I do come into town, I use the time wisely, seeing my doctor, paying bills and shopping, all on the same day and what a long day that will be, stuck in my electric wheel chair for more than 12 hours on such days. If your like me, such as days like this, it takes me a couple or more just to recharge my batteries, unlike my electric chairs battery's that charge up in about 8 hours or overnight while I sleep, that is try to sleep, which is very hard to do with temperatures, even at this time in the very early mornings. Last I checked at 0:100 a.m. it was 85 degrees inside my mobile home.

I'm kind of rambling and venting now and sort of feeling sorry for myself and for little Tammi, she's lying down just to the back side of my keyboard, still trying to be the little pest, which I love about her, but not having any strength move about like she would normally do when the temperatures were more bearable. LoL

Got to go and throw some cool water on my head, or I will surely have a heat stroke.

A very Hot and Miserable Rockhound Rider :P B) ;)

Are you a paranoid schizophrenic

if the ones you think are out to

get you, really are?

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  • HadIt.com Elder

Temp at our place in central Washington state today, is currently running at 113 degrees up against the east slopes of the Cascades. This whole week is expected to be this hot.

I can at least drive up in the mountains just a short distance & get cool. Thats not so easy in NV unless you live near Wings.

No global warming? Seattle is looking at near 100 degree weather. Thats not exactly normal.

I'm sorry to hear about your situation Rockhound & can relate to it. I've been saying for over a decade how much different my families situation would change & how less dependent on others it would be if VA got it together, properly weighed the evidence & granted what is due.

But life goes on and we continue to live between a rock & a hard spot.

I know it isn't the best for you, but I hope theres a way for you to get that swamp cooler fixed. This heat sure isn't good for you.

Edited by allan
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