IMO finish 1 week before BVA hearing.

[air1]

I have one week before hearing,and just complete  my IMO ,do I wait to hearing  to introduce  new evidence.

[Gastone]

Will be very interesting to see how this plays out. Perhaps AskNod could opine. I didn't think the BVA would consider N & M Evidence submitted after the "60? Day Evidence Cutoff Letter's," stipulated date. The 11th hour submission of anything, anywhere, is usually somewhat problematic.

I would think the best you could hope for regarding this N & M Evidence, is a Remand if your current Evidence of Record is insufficient for the BVA Adjudicator to reverse the RO Decision. Then again, you may be able to waive the RO involvement and have the BVA address your New Evidence. I don't think that could happen if your New Evidence isn't presented until the time of the BVA Hearing. Your cutting it awful close.

Happy Thanksgiving

Semper Fi

 

[flores97]

Gastone, I think the BVA will still consider his evidence, the only reason I say this is the fact I myself submitted some new documents at my BVA video teleconference, the judge just said, be sure to sign a waiver so I can consider that.  I know the VA does state you cannot submit new evidence 60 days prior to hearing? In my situation it was allowed, but I did have a competent attorney and its very possible it depends on the individual judge. Happy Thanksgiving!!

[ddog]

I have no idea of Dr Valette's success rate, but he would know.

IMO doctors cannot perform a miracle, they can only work with the evidence they have.

Not long ago a widow joined here and asked for some assurance that an IMO would make her 1151 DIC claim succeed

In many cases it is impossible to know ,here, all of the factors that the claim involved.

The two instances she stated that revealed negligence in the medical records ,in her opinion, could not possibly be interpreted

as a definite malpractice potential.

An IMO doctor however would take the time and have the expertise to understand the whole medical picture.

I know IMOs are expensive and I never would have gotten any IMOs if I did not believe my DMII AO DIC claim was rock solid.

(I had a vet rep when I first filed it and he said it didnt stand a chance. At first glance I admit it sure looked impossible but I had plenty of evidence and continued to collect evidence the entire time the claim took. )

Dr Bash's site has some of his successes listed. I dont know if mine is there...it might be.

Undiagnosed and untreated DMII from AO contributing to death. Not listed on the death certificate or autopsy.

DIC award 2009.

I did all the medical leg work I could possibly do before contacting Dr Bash and I feel that kept the IMO costs down.

 

 

I don't know what you mean by "fraud" regarding IMOs..... it is unethical for any doctor to commit fraud....that is ,any non VA doctor...

Medical evidence and an established nexus is what makes claims succeed.

Unfortunately, IM0s these days are often a veteran's only way to attain service connection.

 

 

Thanks Berta for your time and expertise,

My life has been flushed down the toilette so after over 30 years, I am privileged to be represented by an expert of his esteem. I just had to ask an expert here since this is his home perching grounds, even though I knew what the answer would be. 

I am just trying to limit risk in what time I have left, and the VA seems like an impossible challenge to me.

 

Peace, Happy Thanksgiving, and please forgive me for any interruptions.

[FormerMember]

One thing you should keep in mind. A BVA hearing (preferably face-to-face) is a awesome point to insert the N&M evidence. If you have signed a waiver of review in the first instance when approaching the BVA, the Veterans Law Judge (VLJ) and his staff attorneys will have a much more open mind. It will be plastered all over the hearing transcript. It will be at the top of the pile in the electronic c-file. 

Getting VA's attention, in many cases, is the secret to a win. If you submit this through the normal channel via the Intake Center, it won't make as big a splash as it would when you present it in person to the VLJ. You have a statistical chance of 22-25% that you will succeed there. Putting in N&M E ups that by about 10%. 

Lastly, if the evidence is overwhelmingly probative, the VLJ will be inclined to grant. Remember at this stage with the BVA backlog, they are trying to resolve these rapidly. Presenting it to the VLJ guarantees that the VLJ probably won't send out for another IME.

[Buck52]

Asknod

Question  

When vets send things to the claims intake center (as directed) what happens? do they send it where it needs to be seen & read (in this case the BVA)  or do they send it to be digitized first? (wasting crucial time) I understand what your saying...take the new & material probative evidence to your BVA Hearing and present it to the VLJ...So actually your saying to present any new & material evidence at your  BVA hearing?  and also would it be good to go ahead and send it in to the claims intake center?

If it is not resolved at the BVA for some technical  reason where do they send it? if they deny it  then is it a closed claim? if so what does the veteran do?   request another appeal?

 

I had a veteran ask me this?

 

Thanks Buddy

 

...................Buck

[MarkInTexas]

Buck,

To be honest, I was under the impression that the Evidence Intake Centers were where the VA was now doing all digitizing.  I'm still paranoid and send it out multiple ways though, just in case.

Mark