Help with a IMO/IME short turn around - need advice

[Swamprat]

First I would like to thank all the members and especially the "Elders" for all the information and advice that has gotten me to a 90% rating (2 claims and an appeal). I have done it on my own (submitted through a VSO) using much of the information on this site to provide an azimuth.  

Background, I have received my notification for my BVA hearing with a VLJ. My appearance date is the 22nd of August and I have not been this apprehensive, nervous...... since the birth of my kids. I currently have a dilemma because the Doctor (Orthopedic/Anesthesiologist) I had to write my Nexus letter is no longer willing to do this.  I believe that his office has been consumed by a conglomerate medical practice. My PCP (who is a DO) agreed to look into this and seemed positive. I know with my BVA date around the corner, I need to get this done for him and it is not happening.  I have been getting records and putting all my ducks in a row since my denial in August of 2012. For the past two weeks I have been trying to write this darn letter and it seems I have put down more on this post than on the letter.  I also think that a letter written by a lay person, like me, even with a Doctor's signature could possibly do more damage than just presenting my case at the hearing.

Question; Does anybody know if the professionals like Dr. Bash or Dr. Anaise or other providers would even consider taking on a case with this short of a turn around? I fully realize that an emergency on my part is in NO way an emergency on their part. I guess I am looking for another azimuth and some advice on how to present to the VLJ.  Also if I should hold out hope that one of the professionals will contact me but I am leaning towards being SOL.

Thanks for listening

JD

[Berta]

Dr Bash did my Initial IMO within the first week he got my stuff.

However, as I mentioned here before, I did a full Timeline in a cover letter referring to tabbed medical records, and 

considerable other evidence. With my lay medical opinion ( based on the VA medical Records and .the fact I had studied the disability well ( Endocrinology and Cardiology)I knew the IMO he would do would be Great!)It was.

 

BUT - I did not need my husband's SMRs for this claim.

If I did that would have added more time to the claim as well as the IMO.

The claim involved DMII, ever diagnosed and never treated by the VA.  You can well imagine that was an unusual claim. But I had done a lot of research and had learned how to read VA acronyms and hand written medical records.

What type of "Nexus" are you seeking?

If an inservice nexus- do you have your SMRs and if so, have you gone through them carefully, and either highlighted copies of  them as to nexus proof or have you done any type of cover letter that would refer the IMO/IME doctor to them?

Is it possible you would need an IME rather then an IMO? That too will take time.

Are you prepared to present your case without an IMO/IME?

It might be possible to get more time at the BVA but then again, once they give a hearing date, I dont know if they can change it-

Actually your best bet is to clearly and brief state what you are seeking in this claim and call Dr B or Dr Anaise to see if they feel they could prepare an IMO in time for you.

They might be able to assess a fee right away, but I hope your evidence is solid because no /IME doctor can perform a miracle.

Can you scan and attach the August 2012 denial the hearing is based on here at hadit? Cover your C file #, name, address prior to scanning it.

The IMO/IME doctor will need to see to why they denied...and they would need to see whatever C & P exam results denied the claim.

You might want to have that decision in hand when you contact the IMO docs.

or you could email them with a Brief statement of what you are seeking and what evidence you have to prove it-

In my first contact with Dr . Bash- it was an email ,very brief following what I suggested above.

He responded to the affect- 'if you have that, this is a good case!', and then a few days later he called me, gave me his fee amount, and I attached the check to the packet I sent to him.

 

 

 

 

 

[ruby]

I don’t know what type of nexus you need.  I wrote 2 of my mine as I knew getting a VA doctor to do it is difficult if not impossible.  I had a good rapport with both doctors so they signed it and they noted in my records it was more likely then not this condition was related to service connected condition.  Then I went to a private md for a second opinion based off my records and he wrote a nexus letter.  I had a nexus letter prepared for him to sign.  He actually wrote his own nexus letter.

i also had letterhead paper from the VA not easy to get to write the nexus.

I had my smr that showed  this condition.

Hope this helps if you can’t get it through another expert.

[Swamprat]

Berta, Ruby,

Thank you for your responses!! I do have my SMRs and all my civilian records from retirement to present. I believe that I can present my case to the BVA. One of my issues is that the RO used documents from a previous appeal and did not use the documents provided for this claim, I am betting on at least getting remanded.

If you have the time, look at the attachment "VA rating decision", all the evidence provided reverences "Lumbar, Knees, Sleep Apnea...." nothing on Radiculopathy and Cervical issues. 

I did attach The Rating Decision this appeal is based on along with the VA9 and several attachments to the VA9. I also attached the Appeal SOC.

Berta, I will try your advice and email some documents to Dr. Bash and see where it goes.

 

Thanks again for your time and listening - I believe I hit the frustration wall yesterday, I can not believe how consuming this has become.

J-

SWAMPRAT_SOC_7DEC15_ APPEAL15AUG2012_REDACTED.pdf

SWAMPRAT_VA_rating_decision_15AUG2012_REDACTED_Redacted.pdf

SWAMPRAT_VA9_15AUG2012_REDACTED.pdf

 

[Berta]

You presented a good timeline based on your SMRs and other medical records.I hope Dr Bash can help you. 

[kanewnut]

I thought I read recently about someone that was calling the BVA for information. I don't see why you couldn't call then and ask some questions. If you are trying to get an IME/IMO and it would not be ready by 22 August maybe they could tell you if it could be submitted within so many days after your hearing.

Our cases are very similar. I ETSed from Ft. Bragg in 85 with low back and neck issues. Yours are much worse than mine. My biggest complaint has been pain. It has far surpassed the "shake it off" to the point I often felt a 45 between the eyes would be the best way to go. 

Best of luck. You seem to be very prepared.