Question on "as likely" medical opinion

[Wayne TX]

I have received an IMO exactly stating as follows.......Veteran's _______is at least as likely as a result of his service related development of ___________. 

My question..... is this strong enough to pass VA muster on Appeal without the "or not" included...... or do I need a redo with the " as not" included before submitting? 

I am unclear if this was a simple misstep, or if it was was meant to be opinioned that very way.  Perhaps "as likely" may be even stronger - not really sure so asking? 

Any feedback appreciated.

[Wayne TX]

Yep.  I realize that Bronco but not many out there who are certified specialized experts in their field offer IMO services to Veterans.  The few that do have fees most Vets can not pay.  I agree a lot of medical rationale is the key and you get what you pay for if you got the bucks to spend.  I totally agree in what your saying - makes perfect sense....but finding these gems willing to help is few and far in between.........so Vets have no choice but to deal with MD's who are not specialized but still willing to do IMOs for fees.  VA won't let VA Doctors help when they know a Vet is legit for disability comp.......sad mess we have because good IMOs can make and turn decisions favorably. 

Edited March 12, 2018 by Wayne TX

[Wayne TX]

I got it corrected today......it was a typo not adding the not.  

[jfrei]

Maybe I should reach out to my exam doctor she’s an outsourced VES doctor.

[Berta]

Broncovet is right------ if a doctor, who might be a superb expert in the field of a vet's disability, does not give a solid medical rationale for his/her opinion, based on all of the veteran's medical records, it will be useless. They should definitely provide a CV or at least some background on their ability to opine.

I had a prominent NY diabetes doctor ,who was treating a vet , who case involved SC for DMII-(not an AO vet)

(he had been to the CAVC twice before my former dumb rep asked me to help him.)

get angry with me because, in order to help this vet I got a run down on the Doc from Health Grades and I also had to explain to him what my extensive work on the vet's case revealed....and what the IMO needed for him to state.

His original IMO , was a freebee, but was useless and they denied again.

He definitely still is a well known diabetes expert in NY- but I or the vet had to explain to him these people at Buffalo VARO dont know who he is.

And the doc finally followed my extensive lay medical opinion, based on the veteran's SMRs and also his last BVA case ( that contained the clue I needed), and he checked out what I stated, evident in the vet's records, and  he then prepared an acceptable IMO..... for free.

The vet won his claim.  I knew he had a beauty. BUT  It should have NEVER taken YEARS- neither his vet rep or even his lawyers took the time to study his SMRS ....they held the key to SC diabetes, symptomatic in service -yet never diagnosed until years later. The vet himself could have succeeded so much sooner , but he never took the time either, to study his SMRs and what symptoms of diabetes they revealed. 

 

 

 

 

 

 

 

 

Edited March 15, 2018 by Berta
spelling

[Wayne TX]

So true Berta......I am always impressed with the advice you give and the time you devote to helping others.   I certainly pay attention and learn.   I got an IMO from Dr. Anaise for Sleep Apnea and he threw the kitchen sink at VA......over 50 pages of medical related rationale topped off with a "more likely than not" medical opinion.   Still waiting to see how that shakes down now coming up on two years since that NOD was filed and no SOC has come into play. Two years seems like a long time since I already got SOC back on two more 5 months ago and responded with a Form 9 right away..  Something is not adding up why this NOD is still not moving forward one way or another.........any suggestions?  I tried calling the 1-800 and got the still under review standard line brush off. 

[Berta]

Wayne- have you tried IRIS as to getting a better status.....?

It does seem like a Long time---- 

IRIS :  Go to https://www.va.gov/, and click on the Contact Us button on the right, then click on the Ask a question button and VA will re direct you to IRIS...

You have to fill out some stuff then ask them for the status of your claim, and mention your NOD filing date and the date of your submission of the IMO/IME  from Dr.Anaise  (to make sure they got it).

I always have asked IRIS for an email hard copy reply -instead of phone call, because by phone they could make stuff up.