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Berta
My claims are with a rater.
I have 2 detailed IMOs, and additional brief IMO statement, from former VA doctor, and also treatises that support my claim as to the clinical record of the veteran and standard known medical fact.
In 2005 my POA had a "conference" with the DRO who had sent me a sameo sameo -socalled de novo review which I raised hell over-and this produced the "conference"
My POA assured me that my initial IMO was in the c file.Yet it had been ignored for a year at that point.
It was his suggestion that the VA get a medical opinion.He told me the DRO could not understand my IM0 because she was new and that my IMO would be considered along with the VA expert opinion.
It never happened. I asked my POA's main office to cough up the documentation on this conference but they couldn't.
It states in the SSOC that a conference occured and it was determined that a VA medical opinion should be obtained.
They denied based on the VA opinion and stated that the evidence did not even rise to the level of Benefit of Doubt.????
Say what? I had initial IMO from Dr. BAsh and a brief IMO -as a recent documented statement from a former VA doctor who treated Rod.Dr. Bash liked the statement very much as it did support his findings too.
It was in email to me from this fprmer VA doctor and Dr. Bash called him and asked him to put this on his now=private practice Neurology letterheard for VA which he gladly did.
As you all know I have had to raise of sorts of hell with VA-just as I did in the 1990s to get them to read my evidence.
Due to the remand I got it seems they are forced to do that now.My vet reps- one at the local office and one at the VARO have been changed under the same POA.
Question-
I pulled out that Dec 2005 SSOC yesterday-
The VA ignored all of my medical evidence-to include the 2 IMOs yet-----
if that meant that the claim did not rise to the level of Benefit of Doubt -why did they even need to get the VA doctor's opinion?
My POA offered no reason at all that they did not address my medical evidence in 2005 ----he said he discussed it with them but there is no record of that at all.All I have is the DRO's statement and it was never discussed.
but still-why would a POA suggest getting a medical opinion and not insist that my opinions be considered too?
It just doesn't make sense.
This is Nehmer class action- a successful award could mean mega buck retro-
would a POA have any reason at all to prevent this type of award?
I THINK my claim evidence is being considered due to the remand and how I raised even more hell---at the illegal transfer to the BVA in July-
but still- something odd happened to my AO claim all along----Dr. Bash himself raised the Benefit of Doubt issue in his August 2006 additional IMO and now I realise what he meant-
His Nov 2004 IMO (I sent him the Dec 2005 SSOC etc that failed to address it) and the other doc's statement raised my claim- even with the VA med opinion that was deficient- to and beyond Benefit of Doubt. I would certainly say now that my evidence, in total is a preponderance of evidence.
If the VA stated that none of my evidence (which they didnt read anyhow and never addressed in any SOC) failed to raise to Benefit of Doubt would it have made sense to even get the VA opinion?
They shot themselves in the foot because maybe they didnt think I would get another IMO to knock it down.
In the 1990s when they kept fighting me over my claim- at least they addressed my evidence and then got a VA doctor to manipulate it all in SSOCs.I continued to rebutt them and at least they read the rebuttals. I won anyhow.
This time- I really think something odd happened at that DRO "conference" with my POA who seemed not to even care when he heard that the IMO from Dr. Bash had again been ignored and had not even been given to the VA doctor to read.
sorry for long post--------
this VARO based vet rep from my POA in Sept 2005 did not even know that I was represented by his POA.
all of my claims and evidence has disappeared from the POA files from Jan 2003 up to Sept 2005.
during that time I actually helped the local vet rep with some of his claims- thinking he was helping with mine---he never even told anyone I was a claimant under their POA.He told me to send everything to the VARO and didnt want my claims there. I gave them to him anyhow.They never got into my POA file.
Something strange has been happening to my claims all along.
I cannot understand why.
Any thoughts at all?
Edited by BertaLink to comment
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