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    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
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  • Most Common VA Disabilities Claimed for Compensation:   

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  • Can a 100 percent Disabled Veteran Work and Earn an Income?

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    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

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OldJoe

IME and Physician conflict of interest

Question

Instead of continuing a thread that dealt with CUE and beating a dead horse I thought it wise to start a new thread.

In the pursuit trying to fixed my messed up claim I finally have found a physician that does IMEs

Here is how he responded to my email explaining my situation:

<...>

"I read your email. It does sound like you could use some assistance. 

A bit about myself. I do perform IMEs for civilian cases but I am also employed by a company that is contracted by the VA to perform similar disability assessments. I will have to check with my employer to see if your case presents a conflict of interest."
<...>

Of, all the flipping luck!!!

I responded and explained further my situation.

Hopefully he responds soon.

That said, I need any advice possible on what I should do next.  I know this could be a blessing or this could be a curse, I don't know which...

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'' I finally have found a physician that does IMEs ''

Who was the physician?

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Still waiting on this Dr to get back with me, hope he does it soon.

I know with the holiday weekend I am willing to give the benefit of the doubt that it played a hand in getting back with me.

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In other news, got a nice surprise when the VA awarded me retroactive pay for tinnitus.

Have filed NOD, through DAV.  Rep is a cantankerous old man, I think he is kind of neat, just hope he lasts long enough to see my claim through (unfortunately he is not what you could easily confuse with a spring chicken).

But it does give me some warm fuzzies that even was even dumbfounded when he read my initial rating letter that it explicitly left out the key evaluation concerning my back.  That alone should have one the "benefit of the doubt" rule.  Unfortunately I know they they wrote it off by using their "expert" as not being probative vale.

Got to love how they can twist a few things in order to deny a claim.  And then conveniently ignore last little part of Title 38 CFR §3.156(a) about raising a reasonable possibility of sustaining a claim.  Yes the evidence may be cumulative, but that said the evidence displayed continued symptomology.  Seen several claims before the BVA with very similar circumstances and not have an IME/IMO.

 

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That said is there anything being done about IME/IMO this seems to be getting a bit ridiculous that in a "non-adversarial" system that a vet has to get a IME/IMO just to stand a chance of getting properly assessed (even low balled).

And the more I seem and hear it sounds like IME/IMOs will soon start to be discounted because all the vets are doing them just a standard practice when filing a claim.

Then where are we going to be?

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