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HELP AND INFORMATION IS NEEDED

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pctinc2001

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I've been seeing my PCP at the V.A. for several years. He now's my medical history with my severe lower back pain. He advised me i should request another C&P for my lower back ( 20% ) My PCP has increased meds, filled out my FMLA form, given time off from work. Pain injections in my back from Pain clinic. I've been out on medical leave from my job ( Police Officer ). I am unable to continue my job as a police officer due to my back conditions. My job wants to get rid of me because i am restricted duty for my SC back injury. My job har recommened me for disability retirement, but me PCP says he cannot sign fill out the forms ( said he not qualified to do it ), so he said PM&R has to do it. Seen one of the residents in PM&R today and was told that they cannot sign my disability forms either. The PM&R resident spoke with his superior and told me that they will send me out to another doctor for a functionality test.

I'm not understanding why they can treat me, raise my meds, give me pain injections and know all my medical history, but will not sign off on my disability retire forms. Can someone with experience guide me on the way to get my papers filled out. My PCP doctor is the only one i see. I don't have another civilian dr.

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You usually get more and better answers when you describe a bit about your issue in the heading.  We suggest you not put "need help" because everyone who posts here is needing help and advice, except, sometimes, when people offer information for others.  

This said your situation is not unique.  Keep in mind, your (VA doc) is paid by VA and he owes his loyalty to those who sign his checks.  VA "frowns" on doctors who "sign off" on disabilities...

it costs them money in VA benefits.   I see it that you have 3 options:

1.. Ask another VA doc to "sign off".  This means, for tdiu, your doc has to state that . you are "unable to work due to sc condion(s).   Another doc "may" do so, but likely you will have to turn to option 2. 

2.  Hire your own doctor, and sign the check so he owes his loyalty to you.  We call this an "independent medical opinion" (IMO) or exam (IME).  

3.  Do nothing and probably get denied.  

      Trust me, we dont like the situation either.  Berta is so upset about poor c and p exams that she has spoke of a class action suit against VA because VA is supposed to be there to help us, not represent the government's interests.  

      If you do hire your own doc to write his medical opinion, then make sure he understands the format VA requires or you may be throwing your money away.  

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23 minutes ago, broncovet said:

You usually get more and better answers when you describe a bit about your issue in the heading.  We suggest you not put "need help" because everyone who posts here is needing help and advice, except, sometimes, when people offer information for others.  

This said your situation is not unique.  Keep in mind, your (VA doc) is paid by VA and he owes his loyalty to those who sign his checks.  VA "frowns" on doctors who "sign off" on disabilities...

it costs them money in VA benefits.   I see it that you have 3 options:

1.. Ask another VA doc to "sign off".  This means, for tdiu, your doc has to state that . you are "unable to work due to sc condion(s).   Another doc "may" do so, but likely you will have to turn to option 2. 

2.  Hire your own doctor, and sign the check so he owes his loyalty to you.  We call this an "independent medical opinion" (IMO) or exam (IME).  

3.  Do nothing and probably get denied.  

      Trust me, we dont like the situation either.  Berta is so upset about poor c and p exams that she has spoke of a class action suit against VA because VA is supposed to be there to help us, not represent the government's interests.  

      If you do hire your own doc to write his medical opinion, then make sure he understands the format VA requires or you may be throwing your money away.  

Bronco is right.

The VA has doctors who fight for them.  I got luck three at my VA as they have Doctors who rotate in for specialty medicine.  I got Fibro, Dercum's disease and sleep apnea both given as a diagnosis.  I got two from the same doctor and he told me the VA does not like them to give out a diagnosis.  He said it was his job to give out proper diagnoses and he would not change for them.  

The sad truth is not all doctors are like this and they like to have their own.  I have also gotten IMO and it has worked out great.  Make sure if you are doing any secondary to get their opinion on how they are linked to your service connected disabilities. 

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May not necessarily have to be a IMO for TDiU I used a vocational evaluator I found searching here. I used his report for SSA and the VA after a year won both cases successfully. Wasn’t a quick process but then what is with the VA...

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With 80% now, and I assume you are definitely unable to return to work- have you applied for SSDI and TDIU?

The advice above is excellent. As Jfrie said he got a vocational evaluation- others are successful with IMEs from real doctors.

I dont get it =the way VA thinks - then again the VA pays them to think a certain way-

A VA doctor signed a student loan waiver for my husband that he was 100% P & T due to an 1151 stroke he had-

long ago, in addition to the same thing from SSA ( he had two separate SSA awards-which I have explained here before)), 100% P & T evidence in a letter from a former VA secretary, also from the AO settlement fund Judge, and from Voc rehab- P & T 100% under 1151 yet the director of my VARO tried to get me to believe twice ( by phone, )that he was TOTAL but Not Permanent when he died with the stroke contributing to his death Yet she provided No medical evidence of any sudden  miraculous CURE.He had 6 areas of extensive brain damage due to the stroke- that VA caused.

This was part of my WH Hot line complaint last year and has gone to OAWB and now to another department of the VA. This will get fixed- it is absurd-

But my point here is that obviously even a director of a VARO can try to screw up a claim ,with no medical rationale-( maybe she thought I would buy what she was selling but I told her that her unmedical rationale was absocultely ridiculous)but usually that type of screw up is done by C & P doctors.....and that is why we often have to get an IMO/IME, for the first really thorough reading of our evidence.

This might cost you money- I paid 4 thousand for 2 IMOs years ago, but that was an investment into what I stated here, it was the first time a real doctor ever read my dead husband's medical evidence.

The 2 IMos and also a freebee I got, overcame 2 VA opinions that were ludicrous.- as a matter of fact ALL VA C & Ps I got ( posthumous ones- the veteran could not speak for himself) were all wrong and I fought back on them all and succeeded, as many here have done without IMO/IMEs( meaning I had to study lots of medical stuff- and it all was very time consuming)

 but in your case- you do need a real doctor to help you.

You did say:

"The PM&R resident spoke with his superior and told me that they will send me out to another doctor for a functionality test."

Maybe that will help----but maybe it won't.The VA is contracting so many doctors these days, not only for C & Ps but also to diagnose and treat veterans, that it is impossible to assume every vet will get a fair shake.

You can also complain to the White House Hot line: 1-855-948-2311 if they still fail to provide you with the medical statement you need. I am surprised that your employer did not send you to a doctor who handles employee disability problems like this.

 

 

 

 

 

 

GRADUATE ! Nov 2nd 2007 American Military University !

When thousands of Americans faced annihilation in the 1800s Chief

Osceola's response to his people, the Seminoles, was

simply "They(the US Army)have guns, but so do we."

Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.

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