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IMEF-Gunny

Secondary Action Required?

Question

C&P exam performed, unfavorable, but many contradictions, claim went to prep for decision. I rebutted and shot holes in the Dr's opinion/rationale by quoting/ stating regulations/ laws and bringing up the fact that he changed my diagnosis from that of my local VAMC, said it was pre-existing, but did not address whether it was aggrivated by service.

Claim went back to gathering evidence.request 2 came out, which was a request to the same Dr for an opinion as to aggrivation. Again Dr stood his ground, but clearly contradicted himself. Claim immediately went back to prep for decision.

Again, I rebutted and shot holes in his response, quoting regulations/ laws and quoting past appeals findings in regard to similar cases.

Claim went back to gathering evidence.

Monday, still gathering evidence, but reading requested docs past due. called Peggy, no information needed.

Tuesday my claim moved to prep for decision again and showing new Request  3 - No longer needed, under which it reads Secondary Action Required.

 

Now, I will assume that this , although under the header "Required from You", is an internal request requesting additional oversight from someone.....likely because I'm a pain in the ass that keeps throwing wrenches into the C&P docs babble, quoting regs/ excerpts from VA training manuals and past appeals decisions, and their the Dr clearly (even to a complete idiot like myself) destroys his own arguments with contradictory statements.

So, my question is, from the much more experienced folks here that have spent time in the VA's offices......is the "Secondary Action Needed" likely an internal request for close scrutiny? Peggy said it was saying it needed a second signature, but I'm assuming  not for retro , but for dotting I's and T's?

 

As always, any input is appreciated!

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About the only thing you can do if your denied.?

you will need to NOD this and get a strong Private IMO asking the Dr to give his opinion to the contrary or opposing Dr or ask the ''Qualified(specialist) private Dr to state his opinion in more detail after he reads your medical records and has examine you thoroughly.

this will need to go into by Equipoise Decision.

JMO

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I have the IMO already positioned in case of denial for NOD and DRO review request.....or a re-open with N&M evidence. I understand that IMO is needed to medically refute a piss poor C&P and/or mis-diagnosis. I'm just curious as to the language of "Secondary Action Required"

Wednesday - went to Pending Decision Approval with a tentative close date of 9/25/2017.

 

Edited by IMEF-Gunny

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A good IMO is about the only way the VA will overrule their own doctor's exam.  Nothing you say or do will be considered as enough to overrule their doctor's opinion.  I don't know if you should wait to submit your IMO because how long is it going to take the VA to come down with a approval or denial?  Anyone's guess.  I always sent in every shred of evidence I had and if it got denied I went back for more and had my IMO doctor tailor it exactly to the denial to refute it.

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I agree with John999.  A layperson, such as yourself (assuming you are not an MD) can not rebut medical evidence, only medical evidence can be used to rebut medical evidence, that is, an IMO/IME.  

You can, however, request a correction of errors in your medical records with 38 cfr 3.179.  If the VA refuses to correct errors in your medical records, you can appeal that issue.  Absent your appeal, the medical evidence is presumed valid.  

https://www.law.cornell.edu/cfr/text/38/1.579

You  are "not competent" to make diagnosis, treat your own illnesses, nor prescirbe your own meds. You are also not comepetent to enter medical records on your . behalf, only under the supervision of a doctor can you enter stuff into your medical records.  That is, you can say, "hey doc, will you put that in my records", and he can choose whether or not to comply with your request.  

I dont recommend you try to alter your medical records other than have a doctor do same, the use of thee reg above, or another IMO/IME.  The VA wont award benefts based on your statements made in conflict with the medcial evidence.  If you accept that, and use the tools I mentioned, you can change your records, but your statements alone wont suffice.  

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I remember pointing gross errors of judgement in a C&P exam some 18 years ago.  It went to the BVA and years later I got an even worse exam.  You need the IMO that is tailored to fit the problems with your C&P exam.  It is good to have a long term working relationship with a doctor who will write reports for you and is not just it in for money.

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