Supplemental in AMA Timeline

[Miken2c74]

Original claim opened in Nov 2013 (Legacy)

Claimed Denied Dec 2014 (Legacy)

Submitted NOD in Jun 2015 (Legacy)

Opted into RAMP July 2018

Denied Ramp May 2019

Supplemental Claim open June 2019 ( In decision phase now per VA)

 

Flat feet (aggrivated due to ) From original claim date ( new DBQ, Medical opinion, Nexus, lay statement) On supplemental claim

Knee condition from original claim date  also supplemental claim (New DBQ, Medical opinion, Nexus , Lay statement) on supplemental claim

Back condition from original claim date rated 20%

Fibro Denied

Hip condition denied

I am waiting to see how this comes out (nerve racking)

[Miken2c74]

This is my C&P rebuttal

C&P rebuttal.docx

[Berta]

You got some very good advice here from other members - what I noticed in the download is that the IMO from Dr Stargardt did not ccnform to the IMO/IME criteria here at hadit-

The doctor,as others said,needed to have a complete copy of all of your medical records, and should have made a very strong rationale for the claim, as well as cite any current Ortho Medical texts and treatises, to bolster his opinion, and also he should have given them his full Curriculum Vitae or at least a rundown of the expertis he has that makes his opinion more persuasive and medically sound than the C & P Dr opinion.

Have you google to see what the C & P doctor's specialties are?

I certainly would think they do not match those of an orthopedic surgeon.

I will read the rest of the thread-

but the IMO/IME criteria I put here in the IMO forum iyears ago is how I developed the way Dr Bash handled my AO DMII case in of 2003.

I had done extensive medical work on the claim prior to contacting him and he said in email-if you have what you said you have, this is a good case.

I had what I needed in spades!

It only took him a week to prepare the initial IMO. Ishould have cued them-they didnt even read it- but he also prepared an additional IMO, they failed to read that- I was in a military school at the time (their first civilian) and here as well and I KNEW the BVA would award because my last CUE took a ridiculous 7 plus years to be awarded at the RO level.I could not take the chance of lowering my past GPA (4.0) to fight them

The BVA can read.

 

I will see if the thread contains your doctor's IMO.

BTW-I won at the BVA.

DMII from AO as causing and contributing to my husband;s death.

It trumped my 1151 death award.

My husband was never diagnosed or treated for DMII. It was an additional malpracticed condition but I filed it for direct SC death. It was the most important claim I have had. And I had to study Endocrinolgy to do it and knocked down 2 ridiculous C & P exams, and Dr Bash stated in his IMO the posthumous C & P exams were not accurate at all.

The veteran was dead and could not speak for himself.I had to-with medical evidence.

 

 

 

 

 

Edited June 16, 2020 by Berta
added more

[Berta]

Your rebuttal is very well written-

I noticed that your doctor ( a She not a he sorry) did not have the C file but had extensive other medical records from you and even the STRS? - lost connect here on that----

and did not have your C file- so what------the C file is the Claims file  often has very limited info to help a claim. It is solely the claimant's VA and private medical records and, in some cases , but not all the STRs are very important. for the examiner as well.

You made a very good case- however I want to ask you this-----

I have severe pronation that requires a special orthotic device in  each shoe.

My podiatrist has had to order custom orthos for me every 3-4 years because pronation does not get better, it gets worse.

Did the IMO doctor suggest orthotics at all?

Or did they make a full rationale for the condition that is Not due to pronation?

 

 

 

[Berta]

To add, pes planus as well as many foot conditions can lead to knee,hip, and back conditions.

I posted a BVA claim award on the older hadit board whereby a vet started out with SC  flat feet at  a low rating, and got SCed and then over the course of many years he was awarded TDIU solely for the flat feet and the secondarys it caused, making him unable to work- he had ankle,knee,hip, and back problems from it.

My podiatrist looks for callouses every time I see him, as flat feet can cause them.

If the C & P doc did not even examine your feet how could she possibly rule out callouses?

 

[Berta]

You mentioned this to us-:

"It is says examinations from 2014 and present and I didn't have one until 2018"

Did you make that clear in the rebuttal -maybe I missed that, and did the IMO doc make that point as well?

 

 

[Miken2c74]

@Berta,

Thank you for the compliments on the letter, it took me about two weeks to write this letter because I wanted specifics. To answer your questions about the IMO, In the IMO  Dr. Stargardt (Orthopedic Surgeon)  did in fact say I needed special shoes for all the different activities I perform. I made it very clear and so did Dr. Stargardt as to how inaccurate and inadequate that C&P examination was. Va just did not read either of the IMOs (feet, Knees). If they did I would not be continually fighting these issues. I think now I have all my ducks in a row but what they (VA) are looking at now is that backpay. They are trying to give me another C&P for my issues but normally there is enough in the file to constitute adjudication in my favor.

 

Yes she all the records I had