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]

The funny thing is I am rated 20% for my back right now.

[Miken2c74]

On 6/16/2020 at 5:24 PM, Berta said:

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.

 

 

 

 

 

Dr. Stargardt's IMO/IME was done perfect. The VA directed C&P examination was the catastrophe.

 

[Berta]

"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."

By all means go to that C & P exam.

Bring the IMO/IME with you.

That next exam might turn things around for you.

Is there any way the foot problems, etc, could have been medically secondary to the 20%  SC back disability?

 

 

 

[Miken2c74]

Well I would guess anything is possible but I don't think so as the PES Planus was preexisting asymptomatic. Which the IMO says it, but the VA examiner says I have no flat feet even though there are records of PES planus. Ridiculous

[Miken2c74]

oh I will be attending

[deedub75]

I had asymptomatic flexible pes planus noted on my entrance exam.  I started developing problems with my feet while on active duty as the arches in both of my feet began to drop.  I went to the doctor a couple of times where I was given orthotics and told to take ibuprofen.  I left active duty and went to the National Guard for a couple of years but I was still managing my symptom.  I left active duty in 2000 and in 2006 I developed plantar fasciitis but I didn't file a claim until 2010.  I had all 3 of the Caluza elements but I was denied because the doctor wrote in the medical opinion that I didn't go to the doctor enough for pes planus while on active duty.  At the time I got this denial, I was working for the VA so I knew this was ridiculous.  I asked for a de novo review with a DRO and it was finally approved.