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Lzjump

Help! Another Medical Opinon #5 And Counting!

Question

Gosh, I do not know how long this will go on! Since my last post in March, my claim for Cause of Veterans Death was returned to the AMC and once again it was sent out for another Medical Opinion this month which makes the 5th time they have requested a medical opinon. I have submitted 2 more IMO's from his treating doctors since my last post, both agree that his DM II was a contributing factor in the cause of death and also state that he had IHD. (all the proper VA lingo was included in the IMO's so there would be no speculation when it gets to the raters desk)

The hospital discharge summary on date of death indicates that he had an acute myocardial infarction with left branch bundle block. I have read the new regulations on IHD and the regulations state that it includes acute myocardial infarction. When I sent the last IMO in I pointed this out to the AMC. I also requested to be afforded "Benefit of the doubt" since the prior VA medical opinions were purely speculative with no rationale and did not agree or disagree with the claim and that both treating doctors confirmed without any speculation that DM was a contributing factor in his death supported by lab reports, hospital reports etc.

These reports also indicate that he had End stage renal disease and was on dialysis secondary to the DM, he was on a restricted diet, restricted activities and taking both oral meds & insulin to control the diabetes ( I pointed this out also since he was only rated 20% for the DM but due to the increased problems he would have been rated higher if he had survived).

This claim is driving me crazy and wearing me down now! I wish they would decide one way or the other so I know where I stand it has been with the AMC since August 2008.

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This is absurd and reflects the way the VA treats our surviving spouses.

I had just paid for IMO # 4 when the BVA awarded my claim.I got part of the IMO fee back because the doc never4 did that IMO.

It only took 7 years! Seven years and no one from the VA had read my evidence- they continually ignored it at VARO Buffalo, AMC, some farm out RO -etc etc

Is the problem that they are not using your IMOs as evidence and ignoring them or are they just attempting to go against them with a quack opinion?

Did you get a proper VCAA letter when you first filed your claim?

Did that letter tell you to obtain an IMO?

I got an illegal VCAA letter, my former reps tried to convince me it was legal- this was one of the main reasons the VA would not acknowledge my evidence.

5 reps of that outfit have been replaced or demoted because I griped to the OGC.They wont be treating any widows like crap anymore.

Your best bet is to get to the BVA as they know how to read there.Unless this is a remanded claim-but when it gets back to BVA if it does. they will read all of the evidence.

Do you have a vet rep?

. "I also requested to be afforded "Benefit of the doubt" since the prior VA medical opinions were purely speculative with no rationale and did not agree or disagree with the claim and that both treating doctors confirmed without any speculation that DM was a contributing factor in his death supported by lab reports, hospital reports etc."

I got VA speculation too and the BVA disregarded the opinion that had that stuff.

This is just outrageous!

Who is your COngressman/woman? Maybe they are on a H VAC committee and if so maybe they could help.

The VA wants widows to die waiting just like the way they treat veterans.

"This claim is driving me crazy and wearing me down now!"

Of course- and they know the toll this takes on widows.

You have done everything you needed to do here.

Have you contacted the Office of Survivors -VA at the VA web site?

This will not be an entity that can actually get involved in the claim but they are tracking problems they hear of from survivors and this data will be reported to the Secretary.

I went through the same problem as you are having with the doctor shopping.I think there is a CAVC case that ruled against this practice.Will try to find it.

And hang in there!!!!!!

I think I remained in good health these past 7 years my claim took just for SPITE!

Your evidence is solid.Keep your faith in that.

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Gee -I forgot I used Mariano V Principi----

http://www.hadit.com/forums/lofiversion/in...php/t23413.html

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Don't give up and if this was me I would tell the dumb bastards to go ahead and rate with the evidence thaT THEY HAVE AND QUICKLY OR YOU WILL ASK cOURT FOR A wRIT OF mANDAMUS AND ALSO ASK mEDIA FOR HELP.

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This is absurd and reflects the way the VA treats our surviving spouses.

I had just paid for IMO # 4 when the BVA awarded my claim.I got part of the IMO fee back because the doc never4 did that IMO.

It only took 7 years! Seven years and no one from the VA had read my evidence- they continually ignored it at VARO Buffalo, AMC, some farm out RO -etc etc

My husband started claim in 2003 for TDIU, denied 12 months later and he had allready passed. I again filed in early 2004 for cause of veterans death & TDIU. BVA granted the TDIU and remanded cause of veterans death.

Is the problem that they are not using your IMOs as evidence and ignoring them or are they just attempting to go against them with a quack opinion?

To be honest, I cannot answer that question.(I'm dealing with the AMC) I did go to the VAMC and obtained copies of all progress notes & medical opinons up to Feb 2010. Last I heard they were sending for medical opinion on his heart (this was done end of Feb & again earlier this month. I have since found out that the Dr. who was reviewing my claim and writing these medical opinions retired end of April so who knows what will happen now.

Did you get a proper VCAA letter when you first filed your claim?

Can you please tell me if the VCAA notice will state that it is a VCAA notice or is there a form number. I have so many papers and I have looked thru them. when my claim was denied at the RO in 2005 I did receive lot of paperwork explaining how to appeal etc.

I really feel stupid here but I have so many papers from 2003 on not sure which one is a vcaa letter.

Did that letter tell you to obtain an IMO?

Did not see that anywhere.

I got an illegal VCAA letter, my former reps tried to convince me it was legal- this was one of the main reasons the VA would not acknowledge my evidence

could you please explain to me what a illegal VCAA letter would be?

5 reps of that outfit have been replaced or demoted because I griped to the OGC.They wont be treating any widows like crap anymore.

Your best bet is to get to the BVA as they know how to read there.Unless this is a remanded claim-but when it gets back to BVA if it does. they will read all of the evidence.

This is a remanded claim from the BVA.

Do you have a vet rep?

Yes! but after being on Hadit. I have been sending in IMO's etc on my own. My vso is very helpful with submitting my evidence and making sure that it gets to the VSR but I would say I'm doing this solo.

. "I also requested to be afforded "Benefit of the doubt" since the prior VA medical opinions were purely speculative with no rationale and did not agree or disagree with the claim and that both treating doctors confirmed without any speculation that DM was a contributing factor in his death supported by lab reports, hospital reports etc."

I got VA speculation too and the BVA disregarded the opinion that had that stuff.

I was at work one day and a VSO came in that worked at the AMC in DC. we started talking because his wife saw some papers on my desk from the BVA. She asked me if I was a veteran and we started talking, He gave me his number and we discussed my claim he was the one that told me to send a letter requesting "Benefit of the doubt" all though he is not my vso or even with my organization he has helped me. I told him he was an angel and someone had sent him to me!

This is just outrageous!

Who is your COngressman/woman? Maybe they are on a H VAC committee and if so maybe they could help.

Nope I checked that out allready. wish I could contact someone that is on the committee. I do live 22 miles out of DC so I was thinking about taking a trip down there but where would I start?

The VA wants widows to die waiting just like the way they treat veterans.

I agree 100%

"This claim is driving me crazy and wearing me down now!"

Of course- and they know the toll this takes on widows.

You have done everything you needed to do here.

I'm thinking I should leave it alone for now and see what happens the ball is in the VA's court now!

Have you contacted the Office of Survivors -VA at the VA web site?

No but I will go to that site and check it out.

This will not be an entity that can actually get involved in the claim but they are tracking problems they hear of from survivors and this data will be reported to the Secretary.

I went through the same problem as you are having with the doctor shopping.I think there is a CAVC case that ruled against this practice.Will try to find it.

And hang in there!!!!!!

thanks for your help! I'm always thinking i should do this or that but I'm glad that you think i have done everything I need to do, that helps alot.

I think I remained in good health these past 7 years my claim took just for SPITE!

Your evidence is solid.Keep your faith in that.

thanks again, I'm slowly sinking here, everytime my claim gets to the rater it gets deffered, its like it has a red flag on it.

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LZJump-

Your vet rep or VSO should have a copy in your POA file of the VCAA letter-

I regret I forgot this was a remand so I feel BVA already checked the VCAA letter-they do that right away- and found it was proper-----or stated something in the remand to make VA correct it- that doesn't seem to be the problem-after I remembered this was on remand-

I wonder if this is the hold up- and maybe your rep would agree-

if they are seeking a cardio opinion-I am thinking that the VA might be doing the right thing and considering if he died from AO IHD contributing and then as an AO vet- this would help the claim for DIC.

The AO IHD regs have not been formally published so they cannot award yet for IHD contributiong but in my opinion this is why they want a heart doc to review the file.

I know that doesn't help during this long wait but -if I was a VA rater and had your claim in front of me-

with proven Vietnam service-I would be anxious to consider and rate any AO IHD if that was a contributing cause of death.

He had DMII too I believe- and they could be considering heart disease as secondary to that.

They have to do what the remand told them to do but I think IHD became presumptive after the remand took place and that is what might be the hold up.

Hope others chime in here with some input as to why VA wants the cardio opinion.

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