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Imo Ime Now Or After Initial Claim

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Carl the Engineer

Question

All,

I am anticipating filing for 3-4 increases or secondaries to my SC'd disabilities. I will have new medical evidence from my private doc in each case.

My private docs in each case are unfamiliar with the VA and do not even recognize the VA much less anything to do with an IMO IME etc.

My question is, should I file the claims myself, first (through the VFW), like I have in the past with much success, and then get a IMO or IME for the appeal or reconsideration?,

Or, get my ducks in a row and get the IMO IME first, and then make the claims?

I know that my effective date(s) will be much sooner if I file myself first, etc.

I may not be as successful as in the past as these new issues are complicated and the nexus will be important, and again, I will not be getting that from my private docs.

Anyway, thoughts,

Hamslice

And, I could have this all wrong, nothing new....

“There is no hook my friend. There's only what we do.”  Doc Holiday 

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  • HadIt.com Elder

IMO, I think it is best to have your ducks in a row before filing for an increase. I just see no reason to give the VA examiner any more wiggle room than you need to.

Do yourself a favor.....buy some gold and silver! The printing presses are in overdrive.

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All depends. If you are talking about PTSD, you can submit IMO/IME and DBQ's etc but its worth nothing as far as nexus and in service connection is concerned. For anything else (correct me if im wrong on that part), i would definitely recommend a IMO/IME for every single new claim or increase.

Now one has to look at the cost benefit ratio. Is it worth getting a IMO for say a foot condition that at best will get you 10% and will not affect your overall rating and result in no retro? not really.

I do it now for everything i get.

P.S. if it is eagle river alaska, i grew up not far south of there deep in the peninsula

Edited by USMC_VET

70% - PTSD

->50% - OSA (Secondary to PTSD)

30% - Bilateral Pes Planus w/Plantar Fasciitis

30% - Migraines

10% - Tinnitus

20% - Back

0% - bilateral shin splints

 

 

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Honestly I would file immediately. Once you have filed that is your effective date. Whether or not you are submitting an IMO/IME if you know what you are filing for just file. After that you can submit the IMO/IME as additional evidence.

**EDIT** Also I think the VA added some new method called "Intent to File" which would mark your effective date and give you time to gather whatever evidence you have. Ask your VFW rep about it.

Edited by Tomahawk
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  • HadIt.com Elder

You may have to do IME's before and after you file your claim and get a rating. I did IME's after my claim for an increase was denied. I did three IME's to go from 30% to P&T. I did two IME's to rebut the decision to deny me TDIU after the VA granted me 70%. I got TDIU but was then denied Chapter 35. I filed another IME to get me to P&T without waiting five years. The way the VA has rigged the PTSD claims process you have to be granted a rating for PTSD via the VA before doing an IME becomes meaningful. I know about IME's/IMO's for mental health conditions, but for most other physical conditions there are probably few doctors who will go out on a limb and say your physical disability is due to service unless they are willing to read your SMR's. I know there are doctors out there that will do it for a nice fat fee. For almost all claims I would just submit all the evidence I have and try and win at the local level and avoid the standard appeals process if possible. Berta used to say you just want to "surround them with evidence" as if you were surrounding an enemy nest of snipers. You want to cut off escape routes the VA can take to deny and prolong the process. They can latch onto one word in a claim and deny it and cost you an extra two years. For secondary conditions you need that IME or medical evidence to show the link between the primary and secondary condition. Even if it is obvious to the entire world that there is a link it won't be obvious to dumbasses at the VA.

My very first claim I had an IME and the VA just ignored it. I was too dumb to file my appeal within the one year time frame. It cost me a lot of grief. I think I could have gotten 100% but ended up with just 10%. I was at fault for not filing my appeal and the VA was at fault for hiding my rights from me which they did do.

John

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