IMO not listed

[wood78221]

I just recently received a decision (award) on part of my claim. I noticed on the letter that they sent me telling me what evidence they reviewed, it did not have my IMO listed on the list. Does this mean they did not consider it? I did receive a favorable CP exam, and I also sent in a nexus statement from my treating doctor as well. I also went to see Dr. Ellis also. The Ellis/treating doc records were not listed. This has me concerned that my next claims that will be decided might be at risk. Thoughts? Would this have been a CUE if denied?

 

Thanks

[Berta]

Go to the main VA website -www.va.gov and click on Contact Us, Then click on Ask a question, follow the stuff IRIS wants to know- then tell them what you told us.

The complaint box is a Pop down-

I filed one of my multiple CUEs that way and got a response from the VARO before I could get the actual CUE in the mail.

However that was  when VA was faster- ask IRIS for a email reply so that you have hard copy of their answer. 

It is possible that they will use it for the other claims, but I have no reason to believe they will-due to decades of experience dealing with the VA.

[wood78221]

I just looked at the award letter again, it never specifically mentioned Ellis Clinic. So Possibly I should file the complaint now before they "Va" screws up my next part of the claim. 

[Buck52]

I was not sure about the deferred issues or if this IMO is needed For this Particular claim? 

 as he has other C&P to do assuming for other claims filed separate.?

[wood78221]

2 minutes ago, Buck52 said:

I was not sure about the deferred issues or if this IMO is needed For this Particular claim? 

 as he has other C&P to do assuming for other claims filed separate.?

The IMO was for everything I claimed. They have only decided on 3 out of 6 disabilities so far. I have the CP for the last 3 conditions this week.

[Buck52]

oh okay  then as Ms berta suggested call IRIS tell then what you mention here.

sorry I miss read your post.

[Berta]

I mentioned here the other day my 1151 HBP claim, denied, March 4, 2015, then awarded Aptil 2, 2015 ,when I cued them immediately, they day the denial came.

I cannot express how important 38 CFR 4.6 is.

There are CUE templates here for CUEs.

Saturday I received the actual C & P examiner's C & P.

Oddly enough she works for the VA and is not a contracter.

The Evidence list on the denial contains my sole piece of evidence for this claim.

It is a 2 page response from a VA Central Cardiologist ( with Fabulous credentials) to the Office of General COunsel, acknowledging their malpractice, some being on my husband's HBP.

The actual C & P exam reveal she did not use ACE , telehealth, etc but had the veteran's C file.

She did state it was an inperson interview.

Then they asked for an addendum on March 3, 2015, and she stated "please note this was an ace/exam/chart review not an inperson exam.

I dont what the hell she used- My husband by date of the 'exam" had been dead for 19 years.

I have a C file , he doesn't.

In spite of having the exam from the top VACO Cardio doctor , her statements are ludicrous.

She is an internist but is the sole person who handles the AO Registry at Buffalo NY.

That really bothers me.

Based on what she stated, if she had treated my husband, she would have been part of the malpractice on his HBP. She lied in the C & P. I have emailed her for a response.

I am filing a formal complaint.

Veterans ( and their survivors) MUST challenge some of these C & P exams.

None of my husband's claims were denied in his lifetime, they all were at first after I became the claimant. Every single one of them became a battle- that they LOST!

I posted some weeks ago the latest GAO report on improper C & P exams.And I contacted GAO directly and asked them if they ever consider,in these reports what veterans actually go through, often needing a costly IMO to get a full complete medical review  and to get a professional opinion that reverses the denial-because the C & P contractor did not have the expertise to do the exam or , worse yet, was not literate enough to read the entire record.

I told the GAO person that  that maybe they should ask for veteran input on these crappy C & Ps -but I dont think they will.

Something has to be done about this crap.

To me it is actually malpractice when a C & P doctor deliberately denies the claim, without reviewing the entire record.Because many C & P results ( and I have quite a few) reveal they dont know what they are talking about, medically.

I filed CUE on the award letter. That was screwed up too.

I am calling the WH Hot Line tomorrow. Maybe if EVERY vet or survivor calls the WH Hot Line when they get a C & P exam that is deficient, based on the medical record, and specifically based on a probative IMO/IME -maybe something will be done.

If I was a lawyer I would start a class action to recover every penny vets and survivors had to pay to get a real doctor to opine on their claim, if the IMO/IME caused the VA to reverse and award the claim.