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    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
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  • Can a 100 percent Disabled Veteran Work and Earn an Income?

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    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

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GuaymasJim

Appeal At Vba, Attorney Quit

Question

This veteran's claim for PTSD is at the VBA after denial and NOD. VBA ordered new C&P which reported "Personality Disorder N.O.S. Veteran has 12 year history of VA treatment for PTSD including all of the normal medications used to treat PTSD.

His attorney claimed that his claim is "too complex" and withdrew.

He has the time and resources to get an IMO for PTSD to rebut the C&P report.

The questions are:

Should he get an IMO on his own?

Can he submit the IMO directly to the VBA?

Any hadit members' recommendations on new VBA attorney for this veteran?

Thanks

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4 answers to this question

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He should get another attorney. If he can get his own IMO. My opinion of course.

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"Too complex" means the lawyer does not see the money.

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This veteran's claim for PTSD is at the VBA after denial and NOD. VBA ordered new C&P which reported "Personality Disorder N.O.S. Veteran has 12 year history of VA treatment for PTSD including all of the normal medications used to treat PTSD.

His attorney claimed that his claim is "too complex" and withdrew.

He has the time and resources to get an IMO for PTSD to rebut the C&P report.

The questions are:

Should he get an IMO on his own? Yes.

Can he submit the IMO directly to the VBA? Yes, making certain, of course, that the VBA acknowledges receipt thereof.

Any hadit members' recommendations on new VBA attorney for this veteran? No.

Thanks

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"Should he get an IMO on his own?"

Yes=- and from a psychiatrist who can give him a battery of tests that can rule in or out Personality disorder.

The IMO criteria here under the IMO forum is what they need to follow.

"Can he submit the IMO directly to the VBA?"

Yes- do you mean the BVA? He could file a Motion for Reconsideration at the BVA with the new evidence (IMO) but his decision will give the time frame for that.If he is considering an IMO he needs to act fast.

"Any hadit members' recommendations on new VBA attorney for this veteran?"

There are many attorneys who might help him- there is a list at the NOVA site and the VA web site.

He will have more luck getting an attorney if he gets an IMO that rules out the PD.

Does he have established nexus for PTSD?

Gee I just caught Larry's response-

Larry -wouldn't a Motion for Reconsideration have to be filed with the BVA on this with the new IMO?

Jim-do you have his Docket Number and Citation number of the BVA decision? It could be posted at BVA site by now- and it would help if we could read it.

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