ptsd When To File IMO

[allan1351]

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...

[USMC_VET]

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.

 

 

[Berta]

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.

[allan1351]

Berta&USMC

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...

Edited October 7, 2015 by allan1351
to say thanks (see edit history)

[USMC_VET]

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.

[Berta]

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?

 

[allan1351]

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

[USMC_VET]

What i was thinking was maybe you should drop the increase, etc and just appeal the initial decision that way when you win you will get retro back to the original claim date and not just back to the decision date in May?

What do you think Berta?

[allan1351]

Thanks USMC

I am trying my best to get this shit right.....that's why I've been reading claims on here for along time. Day and Night...making notes and paying attention...that's why I made sure I included that decision date on the reconsideration filing... Being a Marine grunt I want plenty of ammo....and then some...

[USMC_VET]

locate close with and destroy the enemy by fire and maneuver

[allan1351]

Yep...Once I finally decided to do this I decided I fight to the finish....I've suffered enough and I'm fighting back.....

[allan1351]

USMC_VET

Please contact me ASAP.....thanks Allan

[allan1351]

Hey All

Filed my IMO so now the waiting game....should filing IMO now trigger something?

[allan1351]

Okay, So now I filed my IMO........and now the VA has put me down for another CP....there went the trigger!!!!   USMC lets talk about when you mentioned I maybe should drop the claim for increase and just leave the TDIU claim...Let me give you the dates and things that I filed.....Better picture of the battle field.....my orginal rating May 14,2015...rated 50%PTSD......June 17,2015 filed for Increase comp based on unemployability......June 24,2015  filed for Increase.......Then on July 16,2015 I filed for reconsideration of the original rating...O'kay I know I don't know what I'm doing......So please try and help all......

[Gastone]

I've had a couple FDC's filed and decided over the past 2 years. Decisions came bak within 6 mos, "Speed of Light" when compared to Reg Axx Claim.

Supposedly, if you file an FDC and the VA Rating Dept decides at some point additional evidence is needed, your FDC can become a Reg Ass claim. Bad but not the end of the world. I take it you filed on your E-Ben site and hit the BUTTON indicating that you wanted the EL Pronto Decision and had no further evidence to provide, right? Will be interesting to see how your recent submission of the IMO plays out. If a Denial had already been determined by the Rater, the Receipt of N & M Evidence will Trigger the VARO Automatic Review of your Claim.

As to your IU claim. Did you obtain a copy of your C&P DBQ, if so what does it say about Employment Problems? What evidence do you have that you have that your IU by VA Standards and Regs? Rater is going to look at your education and training Pre & Post active duty. IU denials are quite common, with raters indicating the Vets education and training indicate the Vet "Should" be able to obtain at the very least "Sedentary Employment" based on his/her Education and Training."

Are you Unable to do even Sedentary work that would earn you at least $238.00 per week? Being currently unemployed or underemployed won't get the IU. If you get Denied IU, give the VA Vocational Rehab Program some thought. A Denial Letter from a Voc Rehab Councilor, indicating you are unable to start or complete a Voc Rehab program due to your SC conditions, would be proof that your currently IU by VA standards.

Semper Fi

[allan1351]

Thanks Gastone

I have an appointment set with Voc Rehab already for the 12th of this month. I can only hope my IMO will cancel out the new CP.....Like you said, it will be interesting to see. None of my claims were under the FDC...O'kay, just looked at eben and noticed it went back to review from gathering evidence....

Edited November 7, 2015 by allan1351 (see edit history)

[USMC_VET]

Sorry for the late response..

As far as the previous discussion goes regarding dropping the increase to NOD the original decision....

It all depends on your comfort level and its in a weird grey area considering if you did drop the increase and went for a NOD on the original decision you would still have the TDIU pending.  Im not 100% confident in my knowledge to give you a definitive answer on how that would play out.

As far as I know...lets say you got the TDIU you can still file for increases for disabilities to up their rating, i dont foresee any issues there.  Theres no reason they wouldnt let you do that.  The underlying disabilities can be better or worse under TDIU as long as the enemployability underlying the TDIU doesnt change

I see the TDIU and the increase as two seperate monsters so we will seperate them for now.

As far as the increase goes and your comfort level you have to pick what best suits your claim and your life.

1) drop the increase and file an NOD on the original decision.  This could add 18 months onto your claim before it is figured out and finally gets to a DRO hearing.  Are you willing to wait that long? If you win and get 70%+ you will get retro'd back to the original file date.

2) Keep the increase going and dont NOD, more than likely you are coming up on a decision soon.  Im going to guess your C&P is scheduled, is schedule for within the next few weeks (maybe a month out).  If you keep going with the increase and get the C&P im going to guess you will have a decision within the next 6-8 weeks.  THis means a final decision in the next 8 weeks vs 72 weeks (ish).  do you want a decision sooner or do you want to try for that retro?

That retro is yours and you deserve it.  A lot of folks myself included will say to you dont let them scare you away from what you should have gotten in the first place.  Always NOD a decision that isnt fair.  That is all fine and good but not everybody can wait that long.  So that is your decision.

 

If you have the ability to upload (redact personal info) the IME that would eb very helpful to see what is in their and whether or not that will support TDIU and an increase, etc.

 

 

 

[allan1351]

Thanks  USMC for your reply and time!!!  I truly appreciate everyone trying to help me....USMC I will try and figure out how to upload this DBQ for everyone...It cost a lot of money and this guy's name comes up here on hadit....if I can't figure it out I'm willing to email it to you with your permission.....then maybe you can take the names off..I am not a computer guy....I do feel we Vets need to be careful who we pay.....I was hoping this dbq would stop the cp's.....but there still on eben...hope to hear from you soon......Allan

[allan1351]

Any wisdom on this Voc coming up for me?just don't want to be blind sided anymore...

[USMC_VET]

Thanks  USMC for your reply and time!!!  I truly appreciate everyone trying to help me....USMC I will try and figure out how to upload this DBQ for everyone...It cost a lot of money and this guy's name comes up here on hadit....if I can't figure it out I'm willing to email it to you with your permission.....then maybe you can take the names off..I am not a computer guy....I do feel we Vets need to be careful who we pay.....I was hoping this dbq would stop the cp's.....but there still on eben...hope to hear from you soon......Allan

If your comfortable i am.  Sorry i didnt get back i was computer less for 24 hours.

I can redact it with Adobe, etc. and send it back to you to look over and make sure everything is off you want.

Also even with IME's it doesnt meant C&P's stop, that is relaly driven by the VA's want to NOT give you a positive ending on your claim.  So while an IME can stop a C&P it doesnt always. 

 

Think of it in terms of numbers for the VA.

few people get a IME, lest say 5%.

of that 5% if they go and get a C&P that would say lean towards you getting 70% vs your IME report reading 100% and they rate you at 70% how many veterans actually NOD, or do it the right way within the right period of time to push forward to a DRO hearing, then how many after that to BVA and on and on.

You are talking maybe 50% actually NOD it in the correct manner in the correct amount of time, maybe 50% of those if denied then get a good lawyer for the BVA or do the research to represent themselves well at the BVA level.  At the CAVC level i would say its probably 90% of the BVA denials go to the CAVC, since if you are knowledgeable enough to go to the BVA and then appeal to the CAVC you are probably decently informed.

But crunching those numbers...you are talking .01% actually taking it the distance.

Even at the RO denial level the numbers are in the favor of the VA to lowball and deny even with a IME.  Its all rater dependent of course, but just looking at numbers of folks it makes sense why they would still throw a hail mary in the form of a C&P.