Supplemental Claim Denied w/IMO, High-Level Review Next?

[lawbro]

Hi All

To make a long story short, last year the VA granted my right-knee tendinitis 10% but said my left-knee was NOT service connected. I reached out and obtained an IMO from Dr. Anaise whose IMO opined that either my left-knee tendinitis WAS service connected or that it was secondary to my service connected right-knee. 

I filed a supplemental claim at the end of June and just received the decision back that they stuck with the original decision to not grant me anything for my left-knee tendinitis, stating that it was still not service connected. 

How should I go about the next step in the process? I seem to read a lot that High-Level Reviews are a waste of time and perhaps go straight to BVA. Also, should I also look into getting an attorney for the High Level Review or just wait to see if it goes to BVA or not?

What do we believe is the best way to go about this?

[Valhalla0321]

A couple pages missing? I only see the accolades of the Dr?

[broncovet]

What did Dr. Aniase say?  I think that is the guy who is a lawyer and a doctor.  

[lawbro]

@broncovet @Valhalla @paulstrgn

Here are some more pages from the IMO. Dr. Anaise starts them just by giving a little background on himself.

Also, yes Dr. Anaise is a practicing MD and Attorney.

[paulstrgn]

In my opinion the VA messed up, it looks like the VA never looked at your IMO from Dr. Anaise. 

8 hours ago, lawbro said:

The rater most likely saw the length of the IMO and just didn't pay any attention to it? Hoping that when I go HLR and talk with the reviewer I can point that out maybe.

I agree with you about the HLR. Good luck.

[broncovet]

What did Dr. Anise say (about your claim).  He can read your file, while we can not.  Surely he will offer advice for free..if you ask him.  Its my opinion there is no way any of us can offer advice better than his, in no small part because he can read your file, while we cannot.  

If the VA actually had this doc's evidence in your file (the VA loves to lose evidence), AND the retro is less than 50,000 go for HLR.  

However, if the retro is over 50,000, rememeber that GS7's are not authorized to "print" six figure retro checks, so that will need to be done by a judge at the BVA.  

Very often, what VARO's (other than their favorite which is to deny) do, is they grant the claim at a bad effective date and make you appeal that to the bva anyway.  

  

[Buck52]

9 minutes ago, broncovet said:

What did Dr. Anise say (about your claim).  He can read your file, while we can not.  Surely he will offer advice for free..if you ask him.  Its my opinion there is no way any of us can offer advice better than his, in no small part because he can read your file, while we cannot.  

If the VA actually had this doc's evidence in your file (the VA loves to lose evidence), AND the retro is less than 50,000 go for HLR.  

However, if the retro is over 50,000, rememeber that GS7's are not authorized to "print" six figure retro checks, so that will need to be done by a judge at the BVA.  

Very often, what VARO's (other than their favorite which is to deny) do, is they grant the claim at a bad effective date and make you appeal that to the bva anyway.  

  

 ''What did Dr. Anise say (about your claim).  He can read your file, while we can not.''

I sure did not know a IMO D has access to our files?

broncovet are you sure on this?   I never knew a Dr has access to our file/records   via VBMS?   Unless your meaing what the Veteran himself gives  his records to this Dr?