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stumpy579

New medical opinion

Question

My appeal was remanded for the following

"Obtain a new medical opinion regarding the etiology of Veteran's spine disorders. Whether to conduct a new examination is left to the discretion of the examiner". It goes on to list four specific issues they want addressed.

Basically i pointed out errors on the C&P exam the R.O. used to deny my claim. The board ruled the exam inadequate. The exam was performed in 2015 by a physicians assistant who still works at VA.

Can the RO get a "new" opinion from this same P.A. or does new mean the opinion must come from a different examiner? Also if the examiner decides to issue an opinion without a new C&P exam how can i get a copy of that opinion?

I feel it is imperative that i know the results of the new opinion and even who is rendering it as soon as possible in order to obtain a lawyer who will front me an IMO if i must counter this new opinion.

I tried to get an IMO on my own but most doctors won't touch the onerous VA medical opinion standards. My SMR's and lay evidence is strong. If the new opinion is done by an honest examiner it will be favorable for me.

I have very little faith in getting that honest opinion from the same P.A. who did the original C&P.

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Its been my experience that a second c and p exam wont be done by the same examiner.  I gues you will find out.  

Doc's who do not specialize in VA IMO's probably dont know much about them.  If you need an IMO who does them for Vets, there are a few companies that do them.  

Try picking a doc from this list to do an IMO:

 

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Posted (edited)

Just call around until you find a VETERAN FRIENDLY DOC.

explain what you need ..some Dr's will help you out just have to find one who will... just be honest with the Dr and let him know whats going on and you are trying to get your VA Benefits, take him your pretaint medical records of the condition your claiming and ask him to examine you and give you his opinion on your condition. it may cost you  but well worth it when you win your claim.

specialist is who I Recommend

Edited by Buck52

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Good info from @broncovet and @Buck52

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Thank you for the responses. I looked at that directory and there are some good options within a couple hours drive. The problem of course is cost. I haven't called any yet but i have read to expect to pay at least $1500 for a good IMO. I may look into a lawyer who will set me up with an IMO and take the $$(44 months and building) from any retro if my appeal is granted.  My problem with the remand is BVA giving the examiner the option of rendering an opinion without an exam. If there is no exam i will not know who is giving the opinion and when. It could happen a couple months from now or a couple years. If i knew the RO was just going to give the same P.A. another chance to fix his original opinion i would get a lawyer now. If i were to truly get a new opinion i believe it will be favorable. If they send me for a new C&P exam i know that will be in my health record a few days later and i will know where i stand. If a new medical opinion is given without an exam will that be put in my health record so i can see it? I really don't want to retain a lawyer unless i am forced to appeal to CAVC but it may be the only way to get an IMO that i may or may not need. VA.Gov says 17 to 29 months for remands. Thats a long time to sit in the dark.

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