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IME/IMO GEORGIA?

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pphil33

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What is the disability you need the IMO for? It is best to try to find an IMO doc with expertise in the field of the specific disability.

 Can they do the IMO without examining you? - otherwise you would need an IME, and they need to follow our IMO/IME criteria here at hadit and have all available records.

A reminder to all, this came up recently again.

The VA will NOT accept any IMO/IME diagnosis of PTSD from a non VA MH professional if the claim was filed after July 2010.

 

Edited by Berta
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On ‎4‎/‎18‎/‎2017 at 0:15 PM, Berta said:

What is the disability you need the IMO for? It is best to try to find an IMO doc with expertise in the field of the specific disability.

 Can they do the IMO without examining you? - otherwise you would need an IME, and they need to follow our IMO/IME criteria here at hadit and have all available records.

A reminder to all, this came up recently again.

The VA will NOT accept any IMO/IME diagnosis of PTSD from a non VA MH professional if the claim was filed after July 2010.

 

Hi Bertha,

The disability I'm needing an IMO or IME for is IBS and GERD.   Thanks for any information or guidance.

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On 4/18/2017 at 11:15 AM, Berta said:

The VA will NOT accept any IMO/IME diagnosis of PTSD from a non VA MH professional if the claim was filed after July 2010.

 

Thank you for your thoughtful posts, as always.

I'm not sure this is correct- If so, it's clearly not followed- are there other references that countermand this CFR and USC paras?

https://www.law.cornell.edu/cfr/text/38/3.326

 

§ 3.326 Examinations.

For purposes of this section, the term examination includes periods of hospital observation when required by VA.

(a) Where there is a claim for disability compensation or pension but medical evidence accompanying the claim is not adequate for rating purposes, a Department of Veterans Affairs examination will be authorized. This paragraph applies to original and reopened claims as well as claims for increase submitted by a veteran, surviving spouse, parent, or child. Individuals for whom an examination has been scheduled are required to report for the examination.

(b) Provided that it is otherwise adequate for rating purposes, any hospital report, or any examination report, from any government or private institution may be accepted for rating a claim without further examination. However, monetary benefits to a former prisoner of war will not be denied unless the claimant has been offered a complete physical examination conducted at a Department of Veterans Affairs hospital or outpatient clinic.

(c) Provided that it is otherwise adequate for rating purposes, a statement from a private physician may be accepted for rating a claim without further examination.

(Authority: 38 U.S.C. 5107(a))
 
 
(a)Claimant Responsibility.—
Except as otherwise provided by law, a claimant has the responsibility to present and support a claim for benefits under laws administered by the Secretary.
(b)Benefit of the Doubt.—
The Secretary shall consider all information and lay and medical evidence of record in a case before the Secretary with respect to benefits under laws administered by the Secretary. When there is an approximate balance of positive and negative evidence regarding any issue material to the determination of a matter, the Secretary shall give the benefit of the doubt to the claimant.
 
Again, please excuse the post- I only happen to know of the passage because you've referenced it in past posts- I have only remedial knowledge of claims relative Berta.
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