tdiu Look At My Imo

[babyray]

Allright you guys. Look at the attached IMO for my claim for TDIU filed in Nov/09. Give me your opinion on it. How would you rate it, is it good enought? Looking to hear from you real soon. Thx. scan0003.pdf

babyray

scan0003.pdf

[Berta]

I definitely think this should award TDIU-

I wish Dr. Bash's secretary spelled more accurately- she made some typos in the 2 IMOs I got from him too.

I spent $4,000 for 2 different IMos from Dr. Bash and along wth a freeby from a former VA doc- they certainly helped get my award.

He accessed all the evidence and did a great job.I knew before I sent him the cash that he would concur with my evidence.

It is a lot to spend if you cannpot foresee the outcome of an IMO.Some do not help award the claim at all because the medical evidence is lacking for a favorable opinion.

[VetsLady]

Baby Ray

Have you applied for SSD? If you get SSD that helps with TDIU.

This is correct. One piece of advice.....your SSD will help you only if it's the same reason you are sc.

My husband had 3 issues when he applied for SSD....he was approved on the 1st time in because I had assembled all of the evidence and submitted it completed.

His original VA claim was filed in 2/03. He filed for SSD in Jan. 06. His VA claim was on appeal and 1 part of it was finally sc in 4/08. 1 issue is still on appeal.

Any of the 3 issues he filed SSD for would have disabled him 100% but because SSA chose the medical condition that had nothing to do with his military service,

the TDIU claim we filed late last year was denied. I'm sure you are aware that with SSA you are 100% or 0% so to them it didn't really matter. My husband's

occupation was a physical one and one where he had to have complete mental faculties about him as he made critical decisions that could affect other people's lives.

SSA diabled him 100% without a question but when we filed for the TDIU, because SSA disabled him for what were at that time non-service connected issues, the TDIU claim was denied. Sure, we could have probably fought it out and filed a NOD. But, he still has 1 issue on active appeal in DC and just filing the TDIU claim slowed the

appeal process to "stop". If he ends up with a win-win in DC, the TDIU claim would be supported and a moot issue at the same time. We'll see what happens next with the appeal and proceed from there.

I wish you all the luck in the world...I hope you win this 1st time in. And if you haven't heard this by now, send your evidence via a certified mail/return receipt requested, FedEx or UPS, make sure they have to sign for it, and keep a copy for yourself.

[VetsLady]

I definitely think this should award TDIU-

I wish Dr. Bash's secretary spelled more accurately- she made some typos in the 2 IMOs I got from him too.

I spent $4,000 for 2 different IMos from Dr. Bash and along wth a freeby from a former VA doc- they certainly helped get my award.

He accessed all the evidence and did a great job.I knew before I sent him the cash that he would concur with my evidence.

It is a lot to spend if you cannpot foresee the outcome of an IMO.Some do not help award the claim at all because the medical evidence is lacking for a favorable opinion.

I too noticed the typos....maybe he types them up himself. I know before I came along, my husband did his own and that was back before computers and spell check!

Good Luck Baby Ray!!!! Go get 'em!!!!!

[carlie]

For the record:

From 38 CFR:

http://ecfr.gpoaccess.gov/cgi/t/text/text-...135&idno=38

§ 3.328 lndependent medical opinions.

(a) General. When warranted by the medical complexity or controversy involved in a pending claim, an advisory medical opinion may be obtained from one or more medical experts who are not employees of VA. Opinions shall be obtained from recognized medical schools, universities, clinics or medical institutions with which arrangements for such opinions have been made, and an appropriate official of the institution shall select the individual expert(s) to render an opinion.

(b) Requests. A request for an independent medical opinion in conjunction with a claim pending at the regional office level may be initiated by the office having jurisdiction over the claim, by the claimant, or by his or her duly appointed representative. The request must be submitted in writing and must set forth in detail the reasons why the opinion is necessary. All such requests shall be submitted through the Veterans Service Center Manager of the office having jurisdiction over the claim, and those requests which in the judgment of the Veterans Service Center Manager merit consideration shall be referred to the Compensation and Pension Service for approval.

© Approval. Approval shall be granted only upon a determination by the Compensation and Pension Service that the issue under consideration poses a medical problem of such obscurity or complexity, or has generated such controversy in the medical community at large, as to justify solicitation of an independent medical opinion. When approval has been granted, the Compensation and Pension Service shall obtain the opinion. A determination that an independent medical opinion is not warranted may be contested only as part of an appeal on the merits of the decision rendered on the primary issue by the agency of original jurisdiction.

(d) Notification. The Compensation and Pension Service shall notify the claimant when the request for an independent medical opinion has been approved with regard to his or her claim and shall furnish the claimant with a copy of the opinion when it is received. If, in the judgment of the Secretary, disclosure of the independent medical opinion would be harmful to the physical or mental health of the claimant, disclosure shall be subject to the special procedures set forth in §1.577 of this chapter.

(Authority: 38 U.S.C. 5109, 5701(b)(1); 5 U.S.C. 552a(f)(3))

[55 FR 18602, May 3, 1990]

From BVA:

IME can be referred to mean either Independent Medical Expert

OR

Independent Medical Examination

Independent Medical Expert

http://www4.va.gov/vetapp09/files4/0928592.txt

In April 2009, the Board determined that an opinion from an

independent medical expert (IME) was required to clarify

whether it was at least as likely as not that the Veteran

currently diagnosed noted CAD was aggravated by his service-

connected PTSD and whether it was at least as likely as not

that the Veteran's acute myocardial infarction in 2001 was

precipitated by manifestations associated with his PTSD.

Independent Medical Examination

http://www4.va.gov/vetapp09/files2/0913820.txt

In addition, the Board notes that the Veteran was afforded an

independent medical examination with regard to her PTSD in

October 2007. In contrast to the above evidence, the October

2007 independent medical examiner opined that the Veteran was

able to establish and maintain effective work and social

relationships. The VA examiner discussed a particular job,

the dates of which were not specified, in which the Veteran

purportedly had a good relationship with her supervisor and

co-workers. However, the October 2007 independent medical

examiner also noted that "major work activity" had stopped

since the Veteran developed "her mental condition,"

although he also attributed her inability to work to a back

disability. In addition, the VA examiner noted that the

Veteran was not working at that time, and had not worked for

three years.

[Testvet]

I need to comment on this......

IME - Independent Medical EXAM

IMO - Independent Medical OPINION

These are two very different things. The IME examining doctor (the MD in the same room with you who does the exam) can form an IMO independent based on his examination of you. He/she can also form an ".....in my opinion" - often they will read "In my opinion, based upon the patient history, the physical examination performed by myself, past medical records, radiological reports, lab results, etc., it is my opinion the Veteran......." I have typed so many of these reports I could do them verbatim.

Often times an automobile insurance company will send a file to an IMO doctor to review, they call this a "paper review" = IMO (and only an In my Opinion)

An IME with an IMO from the IME doctor will hold alot more water than any doctor, no matter how high the credentials are.

I agree with Bronco.....take it to your personal doctor, ask him to exam you and form his opinion based on the medical record, the examination and he can certainly

concur with Dr. Bash's findings. If you have a history with your personal physician, he/she knows you and sees you in their office. This holds alot more credence than a doctor who has never laid eyes on you.

VA will more than likely send you to one of their doctors who will see you "in person". The VA IME doctor can't concur with any other findings from another doctor....

that is why it's called an Independent Medical Examination. Play their game, get your own IME from your personal doctor and have he/she add their IMO to a report they write on your behalf.

Your personal doctor's opinion will bear more weight in your claim than a doctor who only does a paper review (IMO).

I'd rather see you send your evidence in correctly the 1st time with all the weight it bears because the VA will send you for an IME,

no doubt about it.

I can understand completely your thoughts, but I would suggest you send in your evidence correctly the 1st time anticipating the VA will send you for an IME.

Your personal doctor will definetly have more weight bearing on your claim than a doctor who has not even seen you. You should consider your doctors specialty also.

If you have a claim for an orthopaedic issue (and this is a very extreme example) and your doctor treats digestive diseases, he won't do an IME anyway. He can't form an opinion that will hold any water at all if it's beyond or not in his scope of practice.

I'd rather see you win your TDIU claim first time in, no VA IME, on your claims merits and with your own doctor's IME & IMO with the added bonus of having a 2nd IMO from Dr. Bash.

It's just advice and you make the decision on how you want to handle it. If you have any other questions or need any further advice, please ask. We're all here to help you succeed.

Bronco is correct. IMO.

I had 3 IMOs and 1 IME the VA had 3 IMEs from quacks one was a radioligist, one was a nurse practioner and the other a GP, all 4 of my were by board certified specialists the BVA Judge ruled that the evidence was "relative in equipose" and granted my claim, the VA and BVA look at any doctor they employ as being an "expert" and a nurse practioner can beat an IMO any day in this system, it's not about being right, it's about having the right ammo to fight them with we can use howitzers all day long and they can beat us with BB guns, play the game they want and you can win, play it the way you want and you can and will lose that last IME I got tipped the scales in my favor and was well worth the money I paid for it and it wasn't close to Dr Bash's fee without it I might very well have lost with just the 3 IMOs a 100% award is not a time to be cheap spend the money you need to in order to win if you have a regular doc they should be able to take Dr Bash's IMO and write a very good IME to accompany it. If it doesn't there is nothing that requires you submit to the VA....

[VetsLady]

Carlie....

Thank you for posting. So many people in the world, so many different analogies, thoughts, opinions, rules, regulations, etc. and so on.....

VA is special. I was speaking from private sector experience only. Thank you for posting the "for your record...." AMA rules, state rules, there are

so many and that is why the judicial system is in place...to apply the rules accordingly. And, hopefully correctly

BabyRay....

All said, I hope you win-win this and win it big and 1st time in. It will definetly give those behind you a boost to know that you receive what is

rightfully yours.

Good Luck to You.