Jump to content
  • Advertisemnt

  • 14 Questions about VA Disability Compensation Benefits Claims

    questions-001@3x.png

    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 ...
    Continue Reading
     
  • Ads

  • Most Common VA Disabilities Claimed for Compensation:   

    tinnitus-005.pngptsd-005.pnglumbosacral-005.pngscars-005.pnglimitation-flexion-knee-005.pngdiabetes-005.pnglimitation-motion-ankle-005.pngparalysis-005.pngdegenerative-arthitis-spine-005.pngtbi-traumatic-brain-injury-005.png

  • Advertisemnt

  • VA Watchdog

  • Advertisemnt

  • Ads

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

    employment 2.jpeg

    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

  • 0
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!

Share this post


Link to post
Share on other sites

Recommended Posts

  • 0

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

Share this post


Link to post
Share on other sites
  • 0

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

Share this post


Link to post
Share on other sites
  • 0

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.

Share this post


Link to post
Share on other sites
  • 0

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.  

Share this post


Link to post
Share on other sites
  • 0

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.

Share this post


Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.

Guest
Answer this question...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.


  • Our picks

    • Type 1 Diabetes recent onset!
      I was diagnosed with Type 1 diabetes in September 2017 OUT OF NOWHERE.

      i am a Navy Reservist and deployed in later 2009 to mid 2010 and again later 2014 to mid 2015; had a 2 year recall between those deployments.  

      Only healthcare received since commissioning in 2008 was from the Navy and no issues EVER.

      insulin dependent and have dietary restrictions and in a non deployable status.

      VA denied initial claim due to Type 1 not showing on active duty and now appealing.

      Anyone with successful experience getting a rating with my circumstances?  I live in Upstate New York.
      • 9 replies
    • Agent Orange Kadena Afb Okinawa
      I am looking for anyone who was on Kadena AFB, Okinawa or .Chanute AFB, IL. My dad was there from Oct. 68-April 70. He has ichemic heart disease, diabetes which has resulted in the amputation of his right leg below the knee and peripheral neuropathy. We were denied in 2002 AMVETS filed a claim on his behalf for heart condition, diabetes and back problems. I refiled in December 2011 and have just received the claim statements and medical release forms. I am familiar with filling out this paper work because my husband is a combat veteran of Iraqi Freedom. I have been reading articles from the Japan times and I am a member of the Agent Orange Okinawa facebook page. Another thing that helps make my dad's case is that he was on Chanute AFB, IL and it is on the EPA Superfund list and has PCBs/Pesticides and Dioxins/Furans listed as ground and water contaminants. I welcome any advice, tips or articles that I may have missed in my own research.
        • Like
      • 15 replies
    • CBO Options for Reducing the Deficit: 2019 to 2028 Published Dec 2018
      CBO Options for Reducing the Deficit: 2019 to 2028 - This CBO Report has been making the news. This post includes parts relevant to veterans. Nothing has been decided as of yet and some seem very unlikely but you never know. Forewarned is Forearmed.

       

      https://www.hadit.com/cbo-options-for-reducing-the-deficit-2019-to-2028-published-dec-2018/
      • 10 replies
    • 2019 Veterans Benefits
      State Benefits, Space A and More ... https://www.hadit.com/2019-changes-to-veterans-benefits-state-and-federal/
      • 2 replies
    • Appeal granted and closed.
      My appeal was granted and closed on November 9.  I got an unofficial notification from the DAV on November 15 stating "appeal granted with an evaluation of 30%" which is great!  My question is this:  How long until I get the official notification from the va? Nothing on ebennies has updated since the appeal closed. Appeal is now in historical and just says complete and at originating va office. I understand no one knows va timelines to a tee but a general timeline would be great.  Thank you all! Hope you have a Merry Christmas!

       

      Edit:  This was my first time appealing and it was a VBA grant. 
        • Like
      • 6 replies
  • Ads

  • Popular Contributors

  • Ad

  • Latest News
×
×
  • Create New...

Important Information

{terms] and Guidelines