VA's Duty to Assist

[Bonkers]

Hello All:

I am currently gathering more information for my claim that will be up for appeal or reconsideration by Nov. 2016

For my independent medical opinions I am using Dr. Craig Bash (Veterans Medical Advisor) who has drafted various medical orders for evaluation and consultation with other Specialists.

I have forwarded these orders to the VA and have hit a brick wall.

The VCAA states:

VCAA LAW:   On November 9, 2000, the President approved the Veterans Claims Assistance Act of 2000 (VCAA), Pub. L. No. 106-475, 114 Stat. 2096, which made several amendments to the law governing VA claims.  Among other things, this law eliminates the concept of a well-grounded claim and redefines the obligations of VA with respect to its duty-

to-assist obligation.  It revised section 5103 to impose on VA, upon receipt of a complete or substantially 

complete application, a duty to notify the claimant of any information, and any medical or lay evidence, not already 

submitted that is necessary to substantiate the claim.  38 U.S.C.A. § 5103(a) (West Supp. 2001).  The VCAA also 

provides that VA shall make reasonable efforts to assist a claimant in obtaining evidence necessary to substantiate a 

claim, and provide a medical examination when such an examination is necessary to make a decision on the claim.  

38 U.S.C.A. § 5103A (a)(1), (d) (West Supp. 2001).  Implementing regulations are now codified in the Code of 

Federal Regulations, including 38 C.F.R. §§ 3.102, 3.159 and 3.326.  



Has anyone had experience in having the VA schedule and compensate independent Medical Doctors for medical evaluations and opinions for claim or appeal preparation?

Comments would be greatly appreciated.

[brokensoldier244th]

Duty to assist doesn't require them to pay for independent doctors or IME's. If a veteran wants that type of examination on their own they have to pay for it. Duty to assist covers VA scheduling exams, and remembering to send you a letter to remind you to send in anything they don't have already for substantiating documentation. 

 

[Buck52]

 I had a PTSD  C&P Exam  Scheduled  from a Independent Contractor QTC For VA :

I'm sure the VA Paid them good to perform this Exam.

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