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Odd Update On My Review

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Guest Berta

Question

VARO assured my vet rep the claims folder went to a VA doctor in Buffalo last Wednesday for Expeditious review-

Two strong IMOS and also additional probative med evidence, from the veteran's medical records, VACO etc-to suuport the claims-

Today the 800 # vet rep- who has helped me track this stuff said it was all in transit yesterday and today it was received bu a doctor at the local VAMC in Bath.

Called my vet rep and he was astonished-

he is finally getting the point-

I have already tipped the scales in my favor with all of my evidence - I didnt care when it went to a VA doc in Buffalo-they have some real doctors there-

(If that was true) and he agreed that it is highly ususal that it came here for a medical opinion-to the Bath VA-

it looks to me that-as I told my vet rep- they couldn't find a VA doc in Buffalo to go against the opinion and then had to send my claim 100 miles or more away to get some VA doc to knock it down.

There is a good VA doctor in Buffalo that handles these opinions but I already knocked down his stuff in old SOCs.He agreed with my claim by phone but I guess they didnt call him up- (maybe he is same doc who got it on Wednesday and maybe he refused to attempt to knock the IMOS down)

This is the most bizarre situation I have ever seen any claimant in.

I am a heart beat-15 minutes from this VA doctor- whoever that could be-

at the Bath VAMC- this is going to be very interesting-I can go one to one with this doc if I get a quack opinion.

VA used these tactics in the 1980s and 1990s- fishing expeditions- meaning they would keep sending a well supported claim to VA docs until one of them would deny it with medical crapola.

I cannot see how any real doctor could possibly combat the IMOs-they are solid as well as the evidence-

and of course, since the VA killed Rod (documented) by failure to diagnose and treat heart disease and strokes- it is MOST likely those dopes missed diabetes anyhow-that caused his heart disease and strokes.

They hid their actual diagnosis of Rod's DMII in the med recs---but it appears 3-4 times-

and even the subsequent medical entries supported that-

you have to read these med recs real good-

It was by far easier for me to prove wrongful death Tort to VA Central Office Doctors and the General Counsel

then to have the VARO ever handle my claims properly.

There is definitely something wrong with that picture.

(My vet rep's boss got some more heat from me yesterday so he , the local vet rep, will find out more and sure call me back-he agreed that this is all highlyunusual )

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Terry --

The court has not held that VA cannot use its own MD's to refute another MD's report except in cases of fraud: they do it all the time, both in-0house and by IME. What they cannot do is to acept automatically a VA's medical opinion over a contrary (and better reaswoned) opinion.

But you are right in a sense if the VA goes on "fishing expeditions" to look for a doctor who will refute a favorable mediocal opinon on the rcord. This also happens quite a bit, but I have found these to backfire in VA's face wen the outside doctor comes up with an opinio that supports the vet or is inconclusive.

Alex

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