Forgot your password?
I presently have a 50% PTSD rating as of May 2015.I filed for an increase and IU.I pushed the button last week.Now my IMO is coming and need to know if I should wait for decision first then file my IMO if denied.Or should I just wait and file with an appeal...Thanks in advance...
Just so i am clear.
you have filed for increase and TDIU last week
You have a meeting/exam/etc with a doctor for a IMO (or had one already) and you want to know if you should send in the report NOW or later (if denied).
In short, if you just filed last week, send it in. Dont hold on to a IMO to use for an appeal, that IMO can KEEP YOU FROM GOING TO APPEAL and we dont want anyone heading down that 2+ year trail.
IMO's are like the trees in that old Chinese proverb.. The best time to plant a tree was 20 years ago, the next best day is today. for IMO's its the best time for an IMO in you claim was yesterday the next best day is todya.
Was it very favorable to your claim? Did the IMO doc follow the IMO criteria here at hadit?
I sure agree with USMC-Vet , to file it ASAP ( send them a copy and get a proof of mailing).
Same as whether the claim is still at a VARO or docketed at the BVA....but in that case send it to the BVA.
I got my 50% in my decision may 2015.I then filed for increase and IU in june..eben then had me waiting for re-exam.last week I noticed the re-exam was gone....So I pushed the button to decide claim......I had already paid to get a IMO thinking ahead.....My understanding is: if I file it now, I will have to get another IMO...for appeal....is this true? I appreciate your help.....and kindness...
no not at all. IMO's are not a one per claim type of deal, the VA doesnt discount a IMO because it was done a month ago and used in your increase and now you are appeal.
HOWEVER you have to realize that a medical exam also has a shelf life of sorts. When you get an exam that is a snapshot of how you are right now along with the prior history of the illness. (this doesnt apply to you, but as an example) If you got a IMO in 2013 for the initial claim but you are filing for an increase now that IMO can and SHOULD be used in that claim, however it shows where you were in 2013 not where you are now in 2015 and you would want something on paper from a doc that shows I had X symptoms in 2013 and now i want an increase and X symptoms are worse. So your IMO you have now works great send it in. If you ahve to appeal and that is a year or so later you will want to maybe get a new one to show that 1) your symptoms are the same 2) symptoms got worse.
Since you are filing for an increase you HAVE to PROVE to the VA that your symptoms are worse now (in relation to compensable, rated symptoms on the 38 cfr) than when they were when the rater first rated your claim in May. If they are roughly the same theres no reason for them and no cause for them to rate you higher.
So while i think it was smart for you to get an IMO for your increase, you NEED to get the Exam notes from your C&P exam you had for the MAY 15 rating and compare it to the IMO you have now and then compare the differences in symptoms against the rated symptoms in teh 38 cfr. If the symptoms are roughly the same its not going to hurt but not going to help that much either.
Either way send it in now.
Did the IMO doc make a clear statement as to the fact that your SC prevents you from being employed?
With a full medical rationale?
I am thinking you could have asked for a reconsideration on the recent decision.....
Also did the IMO doctor make sure he/she found you to be competent to handle your funds?
Did this doc also have a copy of the C & P that garnered the 50% in order to rebutt it in the IMO?
So you get SSDI and is that solely for your SC condition?
Has VA Voc Rehab ever documented that Voc Rehab is not feasible for you solely due to the PTSD?
Berta....Thank you for your help.....When I filed for increase, I also filed for tdiu..and reconsideration on decision dated May 14,2015.......which was when I got the 50% for PTSD....I,we will make sure this IMO has everything in it....I will post it when it comes in.....This doc has my whole file including CP exam.....I'm still waiting for Voc Rehab to get back with me.....I haven't gone there yet but I have filed......I am hoping that since I included in my reconsideration the date of decision letter that it will give me retro if I win..... what do you think? Again I want to say thank you and I truly appreciate your help....Allan
You need to be a member in order to leave a comment
Sign up for a new account in our community. It's easy!
Already have an account? Sign in here.