Jump to content


  • veteranscrisisline-badge-chat-1.gif

  • Fund HadIt.com

    130%
    $1,953.00 of $1,500.00 Donate Now
  • Advertisemnt

  • 14 Questions about VA Disability Compensation Benefits Claims

    questions-001@3x.png

    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
    Continue Reading
     
  • Most Common¬†VA¬†Disabilities Claimed for Compensation:¬†¬†¬†

    tinnitus-005.pngptsd-005.pnglumbosacral-005.pngscars-005.pnglimitation-flexion-knee-005.pngdiabetes-005.pnglimitation-motion-ankle-005.pngparalysis-005.pngdegenerative-arthitis-spine-005.pngtbi-traumatic-brain-injury-005.png

  • Advertisemnt

  • VA Watchdog

  • Advertisemnt

  • Ads

  • Can a 100 percent Disabled Veteran Work and Earn an Income?

    employment 2.jpeg

    You‚Äôve just been rated 100% disabled by the Veterans Affairs.¬†After the excitement of finally having the rating you deserve wears off, you start asking questions.¬†One of the first questions that you might ask is this:¬†It‚Äôs a legitimate question ‚Äď rare is the Veteran that finds themselves sitting on the couch eating bon-bons ‚Ķ¬†Continue reading

Nexus letter from nurologist need a dr.where to find one in maryland


Recommended Posts

  • Jom changed the title to Nexus letter from nurologist need a dr.where to find one in maryland

  • Replies 3
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Popular Posts

There are "2" types of medical opinions that can benefit Vets case: 1.  Independent medical opinion.  (IMO).  In this type, the Veteran and the doc need not ever meet.  The doctor can review medi

Jom Welcome to Hadit. If you are looking to get a doc, any kind, specialist or whatever, you probably can start here: Independentmedicaleximiner.com The cost is going to vary. You can get an

If you are $ challenged, I suggest one of my fellow VA agents who provides this service to Vets now. Beth Spangenberg of Valor4Vet.com will work directly with Vets without requiring you have an attorn

  • Moderator

Jom Welcome to Hadit. If you are looking to get a doc, any kind, specialist or whatever, you probably can start here:

Independentmedicaleximiner.com

The cost is going to vary. You can get an IMO, which is an opinion of your medical disability based on your records that you provide and your current symptoms. You can get an IME, which is an actual physical in-person eval/examination, which will cost more, but is more probative or meaningful in the eyes of the VA. You should get a dbq from him/her filled out that supports his opinion. Don't be afraid to ask questions ex. have you done VA dbq's in the past? Have they been successful? Any referrals of veterans that you can talk to? Any kind of discount if you don't get the disability claim approved or if you have to resubmit?

 

  • Like 1
Link to post
Share on other sites
  • Moderator

There are "2" types of medical opinions that can benefit Vets case:

1.  Independent medical opinion.  (IMO).  In this type, the Veteran and the doc need not ever meet.  The doctor can review medical records, and form an opinion based solely on other doctors exams. 

2.  Independent Medical Exam (IME). This suggests an "in person" exam, or, at a minimum, the examiner observed a live video of the Veteran, and rendered an opinion.  

     Both of these types of exams can be used to refute a VA decision "that there was no definate link from an in service event to this diagnosis".  

     Many Vets go the IMO route, and that can be accomplished thousands of miles from the Veteran.  The Veteran forwards his medical records, and the doc renders an opinion without an in person exam.  

     There are many docs who perform IMO's nationwide, and many Vets have won benefits with the help of an IMO.  The doc need not be located nearby.  

      I personally think the IME with in person exam is stronger, but its not always necessary.  

  • Like 2
Link to post
Share on other sites
  • 3 weeks later...
  • HadIt.com Elder

If you are $ challenged, I suggest one of my fellow VA agents who provides this service to Vets now. Beth Spangenberg of Valor4Vet.com will work directly with Vets without requiring you have an attorney/agent. This is often the roadblock Vets (or anyone) encounter. Quite simply, too many IMO outfits have been burned by extending credit and not getting paid. Beware the pay-to-play outfits like the one in Florida who prey on Vets. If they offer their work for free with some ungodly financial contract and ask you for your ebenefits ID and password as a condition, don't walk away. Run. 

For the record, an IMO is an Independent Medical Opinion. You can obtain one without a face-to-face examination in everything but claims for MDD. The VA will require it (any MDD claims) to be denied by one of their own VA-contracted psychs first. Do this before you submit your IMO. At a minimum, your IMO psychologist/psychiatrist will have to "meet" with you which can be done via Zoom or even Facetime. They will also need a complete, recent copy of your claims file in order to opine. 

An Independent Medical Evaluation (IME) is a tool generally ordered by a BVA Veterans Law Judge (VLJ) on appeal to clarify a poorly written IMO or no IMO at all. If you have a lot of Internet article evidence which preponderates in your favor in a general sense but is not exclusive to you personally, they send out for one. IMEs are done by (gag) Independent medical "specialists" and are most often drawn from the ranks of VAMC doctors.  They generally opine against Veterans in all but the most obvious appeals. A VLJ is not bound by any IMO. They usually choose the one with the most peer-reviewed articles cited. They have to follow a certain method to be useful-i.e., more than just data and conclusions with no supportive rationale. Most of VA's IMOs by ARNPs are easy to defeat with an experienced outfit who knows how to write one. 

The biggest mistake now in the new AMA is to file a 526 with a brand new IMO. VA will get one against you and deny. Then you have to go get a new one to fight them. I file with little or nothing first. Maybe just a 4138 that says "this began when I was in basic." VA denies after a c&p. I then file a 10182 and send it to the BVA. I never waste time doing HLRs. The law says benefit of the doubt. VA gets one bite of the denial apple. Your IMO, if constructed properly, puts the claim/appeal in equipoise and you win. 

Vets need to realize that the new AMA has created a huge volume of NODs going to  the BVA now instead of being done with supplementals or HLRs at the local Fort Fumble near you. When you send an appeal in with an IMO, the BVA is glad to get it off the table. They grant because it doesn't require any IMEs, development or remands.  

Try this one for size. https://asknod.org/6051-2/ 

Best of luck to you all. Be safe. 

Edited by asknod
  • Like 2
Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

  • Ads

  • Ads

  • Ads

  • Our picks

    • I already get compensation for bladder cancer for Camp Lejeune Water issue, now that it is added to Agent Orange does it mean that the VA should pay me the difference between Camp Lejeune and 1992 when I retired from the Marine Corps or do I have to re-apply for it for Agent Orange, or will the VA look at at current cases already receiving bladder cancer compensation. I‚Äôm considered 100% Disabled Permanently¬†
      • 10 replies
    • 5,10, 20 Rule
      The 5, 10, 20 year rules...



      Five Year Rule) If you have had the same rating for five or more years, the VA cannot reduce your rating unless your condition has improved on a sustained basis. All the medical evidence, not just the reexamination report, must support the conclusion that your improvement is more than temporary.



      Ten Year Rule) The 10 year rule is after 10 years, the service connection is protected from being dropped.



      Twenty Year Rule) If your disability has been continuously rated at or above a certain rating level for 20 or more years, the VA cannot reduce your rating unless it finds the rating was based on fraud. This is a very high standard and it's unlikely the rating would get reduced.



      If you are 100% for 20 years (Either 100% schedular or 100% TDIU - Total Disability based on Individual Unemployability or IU), you are automatically Permanent & Total (P&T). And, that after 20 years the total disability (100% or IU) is protected from reduction for the remainder of the person's life. "M-21-1-IX.ii.2.1.j. When a P&T Disability Exists"



      At 55, P&T (Permanent & Total) or a few other reasons the VBA will not initiate a review. Here is the graphic below for that. However if the Veteran files a new compensation claim or files for an increase, then it is YOU that initiated to possible review.



      NOTE: Until a percentage is in place for 10 years, the service connection can be removed. After that, the service connection is protected.



      ------



      Example for 2020 using the same disability rating



      1998 - Initially Service Connected @ 10%



      RESULT: Service Connection Protected in 2008



      RESULT: 10% Protected from reduction in 2018 (20 years)



      2020 - Service Connection Increased @ 30%



      RESULT: 30% is Protected from reduction in 2040 (20 years)
        • Like
      • 53 replies
    • Post in New BVA Grants
      While the BVA has some discretion here, often they "chop up claims".  For example, BVA will order SERVICE CONNECTION, and leave it up to the VARO the disability percent and effective date.  

      I hate that its that way.  The board should "render a decision", to include service connection, disability percentage AND effective date, so we dont have to appeal "each" of those issues over then next 15 years on a hamster wheel.  
    • Finally heard back that I received my 100% Overall¬†rating and a 100% PTSD rating Following my long appeal process!

      My question is this, given¬†the fact that my appeal was on the advanced docket and is an ‚ÄúExpedited‚ÄĚ appeal, what happens now and how long(ish) is the process from here on out with retro and so forth? I‚Äôve read a million things but nothing with an expedited appeal status.

      Anyone deal with this situation before? My jump is from 50 to 100 over the course of 2 years if that helps some. I only am asking because as happy as I am, I would be much happier to pay some of these bills off!
        • Like
      • 13 replies
    • I told reviewer that I had a bad C&P, and that all I wanted was¬†a fair shake, and she even said, that¬†was what she was all ready viewed for herself. The first¬†C&P don't even¬† reflect my Treatment in the VA PTSD clinic. In my new C&P I¬†was only asked about symptoms, seeing shit, rituals, nightmares, paying bills and about childhood, but didn't ask about details of it. Just about twenty question, and ¬†nothing about stressor,
  • Ads

  • Popular Contributors

  • Ad

  • Latest News
√ó
√ó
  • Create New...

Important Information

{terms] and Guidelines