Example of Private Dr opinion that is probably (more than) adequate- Obesity/OSA (cross posting so more people see it)

[brokensoldier244th]

Okay guys and girls, gather round the fire. This is a bit of a read, but THIS is the best private doctor submitted opinion Ive come across while Ive been 'on the inside'. Most of the ones I see are a paragraph or two, wishy washing around about the condition, and the doctors opinion- with no WHY, other than "I'm the doctor, and I examined them and this is why I think so.....". That doesn't really cut it. Yes, I know that C and P docs don't do anything this extensive, either, most of the time, and I can't defend that either, but this particular condition that they are claiming is already thorny, and its 'by way of'  another caused by an SC disability. 

 

For those of you with OSA caused by obesity that have been shot down, do a word (CTRL-F) search for the word "intermediate" as in "intermediate condition". There is an interesting tidbit on that page RE obesity specifically, and this was how I claimed my OSA in 2014 when I appealed, minus the VA letter, since it hadn't been written yet. This was my doctors chain of thought on my OSA as well. 

 

Read this, and give it some thought when you are constructing your claims, and writing your boilerplates for your doc to sign after examining you. I have no idea what this persons rating will be, or if they will prevail, but damn if this didn't stick out as what I would want to see, as a rater, if I was one. This resembles a few of my later claims that I filed for myself in its construction and layout, minus the calling myself a doctor. The overall layout and organization is on point, and will make it easy for whomever gets it. 

 

CAS

MEdObese.pdf

Edited November 20, 2020 by brokensoldier244th

[GBArmy]

Brokensoldier244th A lot of meat on them there bones! Great read for veterans with OSA connected to overweight (NOT just obesity), which affects many of us. Particularly strong if you have musculoskeletal issues causing the weight gain. Most likely for a BVA decision at the minimum though. Doubt if it would be granted without appeal in most cases.

[brokensoldier244th]

I had to appeal mine but it was pretty short, at the time ( like a year) and the basis of mine was the same thing and easily won. Mostly I wanted to illustrate a thorough private opinion from a doctor. The dbq is a baby version of this, too, so they correlate. 

[Buck52]

brokensokider244th

This is some excellent presentations for OSA Claims  However if a veteran submits all of this  do you think the rater will read all of it? (no)

They only read down to a certain point the point they are looking for to rate the claim.

Its better to be short and to the point.

 I don't know of any Doctors in any field of medicine that would sit down and write this all out for a veteran?...they simply don't have the time  unless your kin to the D..or your willing to pay thousands of dollars for it? (jmo)

[brokensoldier244th]

True, I didnt say it wasnt a bit of a unicorn- My doctor wrote 4 pages for me, but id been with her at the time for something like 6 yrs and 3 kids births. Still, no one follows the OWL term paper examples for APA/MLA to the letter, either, they are always open for some deviation. I think the doctor went a bit overboard on the studies- she could have cited them more succinctly. 

 

Compared to a lot of the private DBQs I see, though....most docs don't even write the opinion  part for SC cases (you don't need a separate medical opinion for increases, just the DBQ part) they just put a few sentences in REMARKS on the DBQ. That's an incomplete exam. It can still be used as evidence but its not nearly as strong without the 2nd part. 

Edited November 20, 2020 by brokensoldier244th

[Buck52]

If A Veteran don't have good representation  he can go to the BVA past decisions of record *BVA DOCKETTS) past cases        FIND A Dockett/Case that the Veteran won his claim with that best fits in with what he/she is claiming.

Read it get the CFR# that make the favorable statements to what they are claiming and past cases that have been approved by the board & THE VETERAN WON HIS CASE

it will help Veterans,  it may take  a lot of reading on the Veterans part  but it will certainly give him/her an insight of what or how they want or need to make their statement  or their point of what they are claiming ect,,,ect,,,

Some of these cases will really educate the Veteran and he can LEARN FROM THEM, MATTER OF FACT THEY HAVE SOME CASES QUOTES IN THE VBM.

 

I am reading a docket case  now as to how a Veteran won his SMC S-1 HOME BOUND  VIA TDIU WITH LESS THAN A 100%RATING  THE VETERAN WAS INFER THE  TDIU BUT WAS NEVER INFER THE SMC S-1 HOME BOUND the time they infered him the tdiu,    So  he appeal to the board and won the smc s  because he did have a single rating that was the cause he could not work or do any type of employment and  because he was infer the IU,that made him meet the SMC S Criteria ,,the BVA looked up past cases and found  Howell l v Nicholson  Bradely v Peake   and other past court cases at the BVA and award the Veteran the smc-s 1   theres a lot to these cases and more on this one   its just interesting as to how the BVA does things.

these cases are very interesting to read and learn about  the criteria for rating claims and more information  as well.