IMOs and Private Doctor Opinions

[Dustoff1970]

Okay folks this is not a question but an observation about attitudes of former government lifer VA raters, DROs and some VSOs.

There is an AO SOB 30 year former DRO and then VSO on another veterans benefits forum that is fanatical about several items.  He maintains over and over and over again that an IMO opinion are not private doctors medical opinions but instead VA requested medical opinions from outside doctors to clarify issues in order to make a claim decision and according to VA definitions he is correct.  HOWEVER for many many many years both veterans and VSOs have referred to private civilian doctors medical opinions on behalf of veteran claimants as also IMOs and there is also truth in this and absolutely nothing wrong in using this term IMHO!!!!

This same AO also lies and says that CUE errors are extremely rare and CUE claims nearly impossible to win for the vet.  Again this is BS and he is saying VA raters/DROs never commit any serious errors in their claims decisions when in fact thousands of BVA/court public decisions have found thousands of errors in VA raters initial decisions over many decades and many of these were serious errors to include CUE.  His typical lifer government attitude is on full display in a great many of his post to younger or new naive veterans and I feel sorry for them and there are others like him on that particular forum.

Over a period of 30 years filing my own mostly successful claims and appeals including CUE  I have read hundreds of BVA and court decisions and many vets won their claims on appeal due to them having to pay for a private doctor IMO when in fact the VA raters/DROs denied their claims with these private doctor IMO opinion statements.  He and others like him are always dismissive of these private doctors and lawyers who represent veterans in their appeals.  Lifers are Lifers and they always stick together in their arrogance towards us other unclean vets. This is another example of something stinking smelling bad anti veteran attitude in D.C. unless of course you are a member of a special veteran groups.  This is the end of my truthful rant and I enjoyed it very much.

The above info from me is strictly my personal opinion and in no way legal advice as I am not an attorney, paralegal or VSO.

[vetquest]

I won an unwinnable claim at the BVA with an IMO.  A neurologist stated that my neuropathy was related to a heat stroke, he referenced that cold injuries could cause neuropathy and that these are recognized as such.  He further stated new medical evidence that supports that heat injuries can cause neuropathy that will not show for many years.  There was more but this is the general outlay of the IMO.  He also stated that the VA did not recognize this because they did not do any medical workup or research in my case.  IMO's are expensive but at the BVA they can be the difference between a loss or a win. 

[broncovet]

Dustoff:

    I know who you mean on "the other (Veterans) website".  And I agree with you.  His perspective "competes with" that of Veterans.  Its hard to go to a Ford dealer and ask him why you should buy a Toyota pickup, he has a dog in the fight.  

    Like yourself I was upset at this guy giving out "strictly PRO VA-anti Veteran" propoganda advice.  But, what would you expect going to a Ford dealer and tell them you are buying a Chevy?   He was programmed by his training to hate Veterans, to deny when ever possible, and to lie about that, and to encourage Vets "not to appeal" you will lose anyway.  

    VSO's often have similar "training" (aka brainwashing).  Example:

VFW "dropped" me from representation because they said I didnt have a "winnable" claim. I persisted anyway, and appealed to the BVA.  I argued that I had a current diagnosis of (hearing loss), an "in service event" (excessive noise from jet aircraft), and nexus, because my audiologist opined that my hearing loss was at least as likely as not due to excessive noise exposure in service.  Even with all 3 caluza elements, VFW said my claim wasnt winnable.  

(The VA had denied me because it had been "too long" since military service.  

I looked up the criteria.  "length of time since military service" is not one of the criteria, AND, VA must rate on the criteria.  The cant deny because I have grey hair or because I like the Beatles.  

   Later, other VSO's told me I couldnt win.  I discounted their "advice" as being "self interests" (because there is a lot of work they have to do to file an appeal..who likes extra work?)  I appealed anyway and won 100 percent P and T, eventually.  

    I have often wondered "what else" we were "trained" to do that was bias.  In education.  In the military.  Even our parents.  Even well meaning parents have given me advice that is just plain wrong.  My well meaning mother told me if I went out in the cold without a coat, I would catch a "cold".  I found out that isnt true.  (It is true, however, that hypothermia can weaken our immune system).  

    I have re examined almost everything I learned.  Its exhausting, but sometimes worth it.  

[GBArmy]

13 hours ago, vetquest said:

.  IMO's are expensive but at the BVA they can be the difference between a loss or a win. 

We aren't doctors, and the VA will not take our opinion on medical matters. If you need to pay for a nexus from a doc to prove your disability, it can make sense to do it. It costs $ because the doc writing a good IMO has a lot of experience and knows what the VA terminology is and what is needed to prove the connection. But you don't just throw $ at it; you have to do your research and get doc that knows what they are doing. If you are very, very lucky, you might have your own doc write it up with help from your outline as to what you need. But most of the time you need to go to someone who has the experience and expertise to get it approved. IMO

[vetquest]

4 hours ago, broncovet said:

 Later, other VSO's told me I couldnt win.  I discounted their "advice" as being "self interests" (because there is a lot of work they have to do to file an appeal..who likes extra work?)  I appealed anyway and won 100 percent P and T, eventually. 

My VSO once failed to file a timely form 9 but I filed a statement as to why I believed that I deserved to get the rating that I was denied.  The VA came back and said I had no leg to stand on and I did not file on time.  My VSO agreed with the VA.  I went to other VSO's and was told the same thing that I needed to refile for the disability.  I did some research and found that any statement by the vet or the VSO could be a valid claim.  My statement met this requirement.  I had to fight this on my own and won a trip to the BVA.  This would not occur today under the AMA as the proper form needs to be filed, back then you could file on a napkin and it would be a claim.  My lesson was to trust by verify.

[Buck52]

I won my claim with another private Dr...up against a VA Dr

for service connection,

I went got an IMO IME from this private specialist  and I let him know what the VA is doing to Veterans  using their own Dr's to set up a denial for the Veterans and hoping the Veteran will not Appeal and just go away.

Well this private specialist tore this VA Dr to  pieces piece by piece 

he went through the VA Guidelines and rules   of the CFR's AND HE MENTION THEM IN HIS IMPRESSION LETTER AND GAVE HIS MEDICAL OPINION as to how it is likely as not  my medical condition was related to or perhaps caused by my military service, The DRO I had was impressed with this specialist  and mention he knows his stuff...anyway the DRO took this private specialist over the the VA Dr  =hence service connection established  and I won my claim  the whole bottle of wax.

I tell Veterans all the time to go get an IMO   barrow the $$ if you have to sell aluminum cans if you have to do what ever it takes to go get that private IMO  just be honest and up front with the private Dr  tell him/her what you need and how the VA is treating you buy these corrupt VA Dr's

Call around until you find one of the se veteran friendly Dr...you might get lucky and find a Veteran Doc...there out there  but you have to make an effort to find them  just keep calling until you find you a Dr that will help.  you be glad you did.

 

I know this other site too probably most of us elders here on Hadit Know of this other board and the person you mention..I never go there anymore no matter what.  and I  tell other Veterans to NEVER go there.

[Dustoff1970]

All this IMO stuff is relatively new unofficial requirements VA has put upon us.  In the 80s and 90s I was able to win claims and appeals without a formal medical statement from any doctor providing a stated nexus between my PTSD and Nam combat. 

My disability ratings although low balled was based upon my limited VA hospital and clinical treatment notes for PTSD and my VA C&P exams from VA shrinks and psychologist who downplayed the severity of my PTSD.  Upon eventual appeals and other maneuvers by me I received a 1998 TDIU rating due to no treatment but a solid VA C&P exam from a good professional VA psychiatrist in Reno, Nv plus my own statements and eyewitness statements from friends and associates.  Then in 2000 after my appeal for P&T I was in fact made TDIU P&T.

Initially I was not able to introduce into evidence my awards for the Purple Heart and CMB (field award by 173rd Airborne) until later when I received the official PH orders and certificate.  The CMB field award did not appear on  my DD214 but I eventually found a copy of the orders thanks to a 498th unit medic sending them to me.  The low life Temple VA hospital staff said I was lying and faking everything and that I never flew medevacs in Nam.  I made sure they saw copies of all this later on along with local news paper articles about my shoot downs in Nam and getting the PH.

In spite of improvements in some areas of VHA care the VA has stepped backwards in claims adjudication for veterans using more complicated red tape to discourage and hamper our efforts to receive disability benefits under the phony disguise of improving all this for us. BS.

Edited January 5, 2020 by Dustoff 11