Md Statements: Opinions

[Guest jstacy]

I have been reading the board and have come across the following.

You have a MD statement that says it is at least as likely as not, is most likely, was due to.

I received a SC for a least as likely as not ( 50 percent sure)

I have 2 C@P opinion from MD not NP that state most likely. (75 percent)

I have 1 from same doctor that says was due to. (100 percent)

I have no decision because this has been going from the rating team to the development team back and forth. I feel confident I am going to win, But they are really messing with these claims.

Has anyone ever been denied and had a MD statement at the least as likely and and over opinion?

Edited August 30, 2006 by jstacy

[Dorothy Kansas]

The VA will discredit an IMO if the doctor doesn't give his/her rational for their desicion. A simple one or two sentance statement from a physician more than likely wil result in a denial.

Vike 17

Such hypocrisy on the VA's part because they will accept a one or two negative opinion to deny a claim.

It reminds me of the famous word Dr Lee said at OJ's trial ["something is wrong".]

[Berta]

I just sued the VA -again-

They committed property damage.They destroyed my $2,000 IMO every time I sent it.

I asked for $4,500 bucks. (FTCA - Form SF 95)

I wrote to VA District Counsel that since my last 2004 IMO was obviously damaged beyond repair or destroyed since they never read it or mentioned it in any SOC, obviously it didnt get to the BVA either.

I sent it in numerous times.

I asked for $2,000 more for the new IMO I just sent to them because past experience tells me that ones a goner too.

Also I asked for $500 in additional damages -which does not come close to my postage fees on this matter-

the Vet rep here gets copys, the vet rep there wants copys, the VA wants evidence-

three 1/2 years of postage fees for property they have destroyed---500 bucks is a conservative estimate on that.

Point- if they ignore your IMO and you paid real cash money for it, sue them under the Federal Tort Claims Act for Property Damage.

[john999]

The VA took half a sentence out of context from my own IMO to deny my claim for TDIU 5 years ago. This was the most creative use of twisted logic I ever experienced next to the C&P doctor who said he could not decide if I was IU since I was unemployed. They say the Devil can quote scripture for his own purpose. Well, so can the Veterans Administration.

[john999]

I found the VA really likes a report with a complete social and medical history of the veteran during and after service. My doctor wrote a four page medical history and the VA just completely ate it up. They changed my diagnosis and added three more.

[Patrick428]

Three things I gleen from these posts.

One, verifiable and good evidence goes a long way in having a claim approved by the VA.

Two, an IMO can be written and be 50 pages long and still not say anything. Having worked for the VA for sometime, I can attest to the fact that many doctors write reports that literally say nothing except that you have this or that disorder or illness, but they never develop a nexus from the military to post military problems.

Mainly because they do not have a C-file to look at. Often veterans seek IMO and tell the IP the information the veteran wants to present, but may not be totally accurate with the information. Thus, conflicting statements from doctors. For example, a veteran with PTSD usually has memory and concentration problems and often their version of the information is very sketchy. The doctor has no clue as to the accuracy of the information without having something to go by. So they write a report with what was presented. Hence the reason a problem arises.

Third, I have always been an advocate that no matter the illness or disorder, to remain in treatment. Lets use PTSD again, only because of the sensitivity between what is happening and what the VA wishes it could do with PTSD. Lets say the VA begins another wholesale review of PTSD and begins taking a good look at those who have high ratings. Many PTSD people stop treatment once they reach 100%. If I were in that position I would stay in treatment simply because it may come down to who is and who is not in treatment. Remember VA logic is not like ours. They would say since you no longer in treatment, why should we grant you 100% for this disorder? So I would recommend staying in treatment as long as one can.

I am a schedular 100% P an T with 70% PTSD and 9 other disabilities. I have stayed in treatment for as long as I can remember, both medically and emotionally. Each time you go the VA for treatment it is entered into yours records. If one goes in and says to the doctor, "I am having nightmares continually and cannot sleep because of them", it will be entered. I have noted mistakes in the record and the subsequent time I met with my doctor asked them to correct it, and they will if you ask nicely.

So stay in treatment! One never knows what the future will bring and it would be beneficial to have additional evidence down the road, than just merely hoping the VA will go away.

Patrick

[Guest jstacy]

Patrick, great post. I believe there are a lot of veterans who have had traumatic experiences in service that actually have PTSD and they need help. They are too embarrassed to get the help or they dont realize PTSD is the problem. I didnt realize it until last year and it almost cost me dearly.

What you say about staying in treatment programs is the truth. If you have uncontrollable hypertensuion and heart disease would you stop taking the Nitro and BP meds?

On the topic, The VA often shoots down IMO's because of the lack of looking at the claims folder. I suggest vets who seek IMO's actuyally obtain a copy of the file first then let the doctor review it. That way there can be no adverse VA reaction. On the other hand I have had only 1 IMO from the Doc who diagnosed HTN during my first post service year. No results fromt them yet.