IME and Physician conflict of interest

[OldJoe]

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...

[OldJoe]

Thanks Gastone, you are right, I am just frustrated.

It's just the problem of finding a local one, every time I turn around it is like I keep hitting a brick wall.

I am not stopping my search for one, I am just frustrated that I cannot seem to find one that will help. 

Next closest one with  the qualification for my medical DX that I know of is in St. Louis.

I will be giving that one a shot next.  After that I will have to use one of the ones advertised here or VAWATCHDOG.org

What really puts the icing on the cake with this is that this is such a simple one.  My one mistake is that I didn't appeal it 20 years ago (though I would still be appealing it I am sure).  The best part is how they wrote the explanation of the decision, they explicitly mentioned one date (wasn't even the last entry concerning my condition) and stated that they couldn't find anything else that would support my claim of a chronic condition.

But none of that means anything if I cannot get my foot in the door.

Thus the need for the Nexus letter/I.M.O.  without it I am positive they will just waive their hands and claim no new probative and material evidence.

Edited July 21, 2016 by OldJoe
addition

[Inarticulate&Distorted]

I.M.O.

Take your most recent decison letter, copy it about 5 times, then, get in touch with a VA ACCREDITED attorney. If he is willing to at least look at the facts and determine if you have a viable case, put the IME/IMO on the back burner for now. I don't speak for every Case, but when it comes to mine, if a IMO/IME the Lawyer would work with you to get one, only if you personally end up forking over only about a third of it in cash money, and the other 2/3's against your Retro. A Lawyer is a good tgermometer to jusdge your claim against, if tgey brush you off, stand back and look at it from a diffeent perspective, and do more RESEARCH. 

Good luck

[OldJoe]

thanks, for the advice.

Right now in the DRO phase of the appeal, if this doesn't pan out then yes, I think I am stuck going the route of getting a attorney.

Believe me, I am always doing research, and man, reading old B.V.A. cases is not fun.  On the other hand, you learn a lot about what does and doesn't work.  Not to mention the old "palm smack to forehead" when you read some of the things people had tried to claim.

[Inarticulate&Distorted]

17 minutes ago, OldJoe said:

Right now in the DRO phase of the appeal, if this doesn't pan out then yes, I think I am stuck going the route of getting a attorney.

This worries me brother, because NOW is when you NEED the Lawyer, a BVA Appeal can literally take YEARS

[OldJoe]

I will check into it. 

Trust me, I do try (and epicly fail at times) to get my contingency plans in place before I need them.

But I have to admit, my last VSO didn't do me any favors when he submitted my claim without a Nexus Letter.  It wasn't until after the fact that I leaned how important having one's C-file before starting all of this. 

What frustrates me most here is hearing how of many instances where VSOs and other representatives advise getting the C-file before proceeding.  Mine didn't say a thing just up and submitted my claim without even asking me if there was something else I wanted to try or offering a suggestion.  I found out he submitted it several days after the fact.

To be fair, he may have been under the impression that I had run out of options and that it was time to submit and I may not have been clear enough.  But, I thought the VSO was supposed to at least play the roll of advisor so I wouldn't make such stupid mistakes (hindsight I was too naive even then).

Now I know better; and I am continuing to learn.

[Inarticulate&Distorted]

Yeah partner, VSO's that actually KNOW what the fuk they're talking about and know what to do are few and far between. Problem is, those good ones are not our answers. I personally just feel that we have to be the ones who make the important decisions about our own claims. ANY time you allow someone else to make a decision FOR you means you are aleeady beggining the process of LOSING. take control, we are our OWN advocates, librarians, historians, researchers, inqurierers, it wasn't until i grabbed my balls and started taking care of my own shit was i able to get to where i am now. Just sayin

Edited July 21, 2016 by Inarticulate&Distorted
spelling, my thumbs are fat